Sunday, December 11, 2005

More on RIAA suits against customers

THEIR CHILDREN'S FILE SHARING, 57 Fla. L. Rev. 1163 (2005):

Since September 2003, the RIAA has filed suit against at least 11,809 individuals for allegedly trading music online. n13 Many of these persons are the
parents of pre-teen and teenage Internet users. n14 In the wake of this innovative
anti-piracy campaign, scores of parents have found it necessary to
expand the scope of their parent-child discussions. n15 In addition to talking
about sex, smoking, and substance abuse, many parents now also discuss the perils
of file sharing. n16 Consequently, parents have had to examine their own views
about the recording industry, intellectual property rights, and the interplay
between law and morality. n17

The article concludes:
This Note suggested that a plaintiff might be able to hold a parent
liable for his child's unauthorized file sharing under the doctrine of
contributory infringement. However, it also noted that a parent might be able to
distinguish prevailing cases applying the doctrine. This question likely will not
be answered in court in the near future. For the moment, it is in the best
interests of both the RIAA and parents to settle their disputes out of
court. n230 This Note's consideration of a parent's potential liability has
practical significance in the realm of litigation, though. It demonstrated that
the RIAA has a good faith argument based on existing law or a nonfrivolous
argument for the modification of existing law that a parent is liable for his
child's file sharing. n231 Thus, the RIAA would generally be able to meet the
requirements of Rule 11 if it were to sue a parent on the basis of contributory
infringement. n232

Hmmm, how about university liability for acts of students?


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