AfterDawn: News

College student told to pay $27,500 for unauthorized sharing of 37 tracks

A Texas appellate court has ordered Whitney Harper to pay $27,750 in fines for illegal sharing of 27 tracks when she was 15 years old, throwing out the old judgment that had ordered her to pay just $7400.

The first decision had given Harper the "innocent infringers" exemption, via the DMCA, meaning she could be fined a number under the minimum $750 per track, as stated in the law.



Harper shared the files via Limewire seven years ago, back when she was a 15-year old high school cheerleader, and says she thought the sharing was the same as Internet radio.

"Harper cannot rely on her purported legal naivety [sic] to defeat the … bar to her innocent infringer defense," said the court.

Said the woman, two years in court: "I knew I was listening to music. I didn't have an understanding of file sharing."

Written by: Andre Yoskowitz @ 27 Feb 2010 13:43

• Previous article

• Sealed NES 'Stadium Events' sells for $41,000

• Next article

• Microsoft warns about rogue Security Essentials scareware

• 18 comments

• jony218

  As long as they keep making these big fines, no one is ever going to pay them off. Just a waste of time for everyone. The fine should fit the crime. How about instead give her community service, that would be more realistic.

  27.2.2010 14:10 #1

• nonoitall

  Originally posted by jony218: How about instead give her community service, that would be more realistic.
  All the community service is already being done by the murderers and rapists who only hurt people and not the all-important music industry profits.

  27.2.2010 14:45 #2

• biglo30

  Seems kind messed up that they changed the verdict. Before it used to be once they made a judgment case closed, but nowadays these cases keep reopening and changing things.

  27.2.2010 15:03 #3

• SomeBozo

  Originally posted by biglo30: Seems kind messed up that they changed the verdict. Before it used to be once they made a judgment case closed, but nowadays these cases keep reopening and changing things.Why not, all the jobs and revenue are being out sourced, so the government need to collect money some how.
  
  And another point WTF ever happened to double jeopardy...?
  
  Oh Well America is not longer the country i grow up in and loved.

  27.2.2010 15:40 #4

• car1ef

  My question is how is a person, who was 15 at the time of the crime, being re-tried and being punished as an adult...

  27.2.2010 18:06 #5

• DXR88

  Welcome to America, would you like from the right or from the left.

  27.2.2010 18:12 #6

• KSib

  No thanks, I'd like it from behind. How does anyone justify that much money in fines? What the hell?

  27.2.2010 18:14 #7

• windsong

  Torrent apps like Anomos will put an END to all of this crap. It is fast, and will be user friendly. And it is anonymous. LEA/RIAA/MPAA can get stuffed!
  
  http://anomos.info/wp/

  27.2.2010 18:20 #8

• spartybob

  Just another example of the poor not being able to defend themselves. All the while large Corp.s get their back door deals on the backs of this country's citizens

  27.2.2010 18:20 #9

• dir

  Originally posted by windsong: Torrent apps like Anomos will put an END to all of this crap. It is fast, and will be user friendly. And it is anonymous. LEA/RIAA/MPAA can get stuffed!
  
  " target="_blank">http://anomos.info/wp/
  You can go back to the authors/owners of Anomos and explain a few things if they want it to ever get off the ground:
  - take away that American-looking patriotic decal of the eagle. It symbolises a lot that the rest of the world really isn't into.
  - foster discussions and debates on the veracity of Anomos' anonymity and security. Their forums are empty. That's suspicious.
  - remove legal disclaimers like "we store your IP address in case you swear on our forums". People interested in secure communications don't want their IP address recorded by moral arbiters.
  - tone down the formality and commercialistic look of the website. If the app is supposed to be targeting undergrounders, raunch it up and dumb it down.
  - don't instruct prospective website users to setting up server environments that have to be locked down and secure. Sure, they should do this, but saying that it must be done makes it seem like the application is only as secure as these websites make it. And that isn't good.
  
  And the reason I didn't post this on their website is because I don't trust it. Until enough people start debating and discussing it and a groundswell starts based on enough hackers getting involved, I'll declare Anomos "risky".

  27.2.2010 21:26 #10

• USMCMAC

  I don't understand why sharing music files is a crime. I remember listening to the radio in the 60's, and the DJ would tell you "Turn on your tape recorders, you'll want to record this song/tune" which we did if liked it. Why is file sharing so much different than recording something broadcast over the air? Seems like a double standard to me. I guess I'm too old now to grasp what the terrible crime of file sharing is doing to our society.

  27.2.2010 21:41 #11

• windsong

  Quote:Originally posted by windsong: Torrent apps like Anomos will put an END to all of this crap. It is fast, and will be user friendly. And it is anonymous. LEA/RIAA/MPAA can get stuffed!
  
  " target="_blank">http://anomos.info/wp/
  You can go back to the authors/owners of Anomos and explain a few things if they want it to ever get off the ground:
  - take away that American-looking patriotic decal of the eagle. It symbolises a lot that the rest of the world really isn't into.
  - foster discussions and debates on the veracity of Anomos' anonymity and security. Their forums are empty. That's suspicious.
  - remove legal disclaimers like "we store your IP address in case you swear on our forums". People interested in secure communications don't want their IP address recorded by moral arbiters.
  - tone down the formality and commercialistic look of the website. If the app is supposed to be targeting undergrounders, raunch it up and dumb it down.
  - don't instruct prospective website users to setting up server environments that have to be locked down and secure. Sure, they should do this, but saying that it must be done makes it seem like the application is only as secure as these websites make it. And that isn't good.
  
  And the reason I didn't post this on their website is because I don't trust it. Until enough people start debating and discussing it and a groundswell starts based on enough hackers getting involved, I'll declare Anomos "risky".Well I have to admit I never really thought a lot about the "Fatherland" look on the Anomos emblem. Might be worth it to bring it up to them, though I'm certain they will change it anyway.
  As far as it being commercialistic, I agree it would be counterproductive to spout all of these screeds about anonymity and then charge people money for it (leaving a money trail). I guess one could say the same about TPB's vpn.
  
  As far as their forums go, and "looking risky", I could say the same about Freenet. Google "Freenet forums" and see what comes up. Hardly anything, last I checked. Yet Freenet is one of the most anonymous systems out there. I'm sure they'll address all of these concerns when the app is more widespread.

  27.2.2010 22:35 #12

• Alanj72

  I can't even comprehend this!! I'll have to read my post tomorrow to be sure this is not just a bad dream.
  I may not know how this case came about and what transpired over the years, but I know that this another sad story about the "little guy" and the "BIG" machine. Of course, I can't see this resulting in any money forked over to anybody. It's not like we are in a totally different country than America. Or did America evolve into (NOT) by the people---(Not) For the people?

  27.2.2010 22:50 #13

• osurick

  Legislators are paid good money to "protect" the recording industry from their monopoly. You must have major backing to buck the RIAA and still not get black listed. RIAA has their pockets full of those that serve special interest lobbyists. People wake up! The "government" is taking more and more of your personal freedoms. Pretty soon the governement "police" will come up with a law and tax against breathing since we exhale too much carbon dioxide. The bottom line...set up your own private file sharing server running protected SSL and encrypt those files...gone are the days of using p2p without risk or financial ruin.

  28.2.2010 00:08 #14

• Alanj72

  As an added thought because I don't know just how things work----how about torrents? For instance BtJunkie and Pirate Bay. Are they a better choice to use ( assuming someone wants to upload/download files knowing that that is a no-no,too)?
  I agree we are losing more and more of our freedoms to the point we should be really standing up to the rapid deteriation of our country. I know legal is legal and illegal is illegal, but the cyber police, the mini-cams all over the place, putting embedded "chips" in the things we buy so our habits can be followed--knowing what we check out at the library----Our founding fathers are turning in their graves. To what extent can the government impede on our rights to catch a bad guy---or just know our personal business as GOOD guys.

  28.2.2010 10:39 #15

• domie

  Originally posted by DXR88: Welcome to America, would you like from the right or from the left.I think you mean from the right or the ultra extreme right - America doesn't have a left.

  1.3.2010 03:26 #16

• machacker

  Its all a matter of how much money they can get before someone finally says you have gone to far. Bands nowadays usually get about 10 percent of the revenue created by selling their cds. 90 percent is taken right off the top by the record company. So really almost all the money the band gets is from selling other merchandise like tee shirts or memorabilia.
  
  This is why bands are now selling cds that contain blanks and ask you the listener to go find them on the net.
  
  
  

  1.3.2010 08:55 #17

• Mez

  Originally posted by windsong: Torrent apps like Anomos will put an END to all of this crap. It is fast, and will be user friendly. And it is anonymous. LEA/RIAA/MPAA can get stuffed!
  
  " target="_blank">http://anomos.info/wp/
  
  I looked at the diagram on the page. Who is D? It that a corporate server? Who pays for that?

  4.3.2010 13:01 #18