Previously, we heard of incidents where the RIAA filed lawsuits against those who never used file swapping software, have a Macintosh or those who do not even have a computer. Well this time, not only does the person the RIAA targeted not have a computer, but the person is also dead!
Gertrude Walton who died December 2004 was sued
making 700 tracks of pop, rock and rap music available under the nickname
“smittenedkitten”. According to her daughter Robin Chianumba, she hated
computers and would not have even known how to turn one on let alone use
one. She also faxed a copy of her grand mother’s death certificate to the
record company officials in response to the legal filing.
As the RIAA target individuals by IP addresses, it is often not the bill payer that is at fault. For example there were several cases where it was children involved in sharing out music, but the parents who may even not have any computer skills are the ones that get the penalty. However in this case, it is not clear how an IP address matched up with an individual who never had a computer in their house. brantdk used our news submit to let us know about the following news:
With cases like this, there is a good chance that many PC users that get targeted for lawsuits that may have never shared out music on the Internet. As long as the user has a PC and an Internet connection in a case like this, the RIAA could just stick with their ‘Guilty until proven innocent’ approach. One error in the IP address could easily do this or a bad clock at either the RIAA or ISP end could put the blame on a wrong user where IP’s are dynamically assigned to users.
Feel free to discuss and find out more about file sharing and its legal issues on our Music Downloads, Peer-to-Peer (P2P) & Legal Issues Forum.
Source: the Charleston Gazette wgazette
17 Comments

[edited by icepax on 05.02.2005 13:53]
[edited by icepax on 05.02.2005 13:54]
[edited by icepax on 06.02.2005 05:15]
[edited by LastStand on 07.11.2005 10:18]
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