Lawsuits Try to Stop Music Sharing Through the Pipes of the Internets
by TChris
Reasonable minds can differ about the degree to which illegal downloading of music harms artists or recording companies. Some argue that few artists ever see their royalties anyway, and that the free distribution of their music encourages more people to attend concerts where artists are more likely to profit. Others argue that recording companies can't stay in business if music is stolen rather than purchased.
However you come out on that debate, the recording industry's heavy-handed practice of suing parents, grandparents, and other unwitting computer owners for file sharing by kids or grandkids, often without their consent or knowledge, isn't creating sympathy for the industry. Papers are filed in court and the defendants are given an ultimatum: pay us a few thousand dollars or we seek a lot more in court, including attorney's fees. Everyone settles, and the settlement proceeds fund more suits. For some people, it's an expensive lesson: pay attention to what your kids are doing on the computer. For others, it's a nightmare.
Iola Scruse of Louisville, a 66-year-old grandmother on Social Security, said her three teenage grandchildren downloaded music using an Internet account in her name. Her case ended up as a default judgment because she did not respond to the lawsuit. So Scruse, who also is racking up medical bills for dialysis, must pay $6,000 for the 872 songs her grandchildren downloaded, in addition to court fees.
The lawsuits benefit the big law firms who work for the music industry, and the paralegals they hire to process the settlements, but it doesn't stop people from sharing music files.
A New York-based market research firm, The NPD Group, reported that 6.9 million households illegally downloaded at least one music file from a P2P service in April, up from 6.2 million in April 2005. ... [L]ast April there were 63 million legal downloads, according to Soundscan, versus 315 million illegal downloads, according to NPD.
Republicans who favor tort reform gripe about "frivolous" medical malpractice cases clogging the court system. What about the thousands of suits the music industry brings to extort settlements in a losing battle to stop file sharing? Don't federal courts have anything better to do than to open and close files for the music industry?
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