"Mother Who Banned File-Sharing Still Held Responsible"

[dice]

A mother who doesn’t understand computers and forbade her children from downloading and sharing music on the Internet has been held responsible for their actions. A court in Germany ruled that parents simply banning file-sharing is not enough, and this has to be followed up to check compliance.

Following accusations from record labels that their copyrighted works were being made available via a file-sharing network from a specific IP-address, the companies managed to obtain the identity of the person who paid for the Internet connection in question.

The subscriber, the mother of several young children, was taken to court by four record companies on allegations that around 1000 music tracks had been made available on her connection.

The woman said that although she was the owner of the connection, she had no idea about computers and file-sharing. She denied carrying out any infringements but suggested that one of her children could have been responsible.

The plaintiffs hoped the court would find the defendant liable as “Mitstörer”, which means that although the woman did not directly commit the infringements, it’s possible she could be held responsible for not taking measures to stop them.

The Higher Regional Court of Cologne decided that even though the woman did not carry out the infringements and even forbade the use of file-sharing networks, parents still have a responsibility to monitor the behavior of their children, or take measures to ensure that file-sharing sites are blocked. This considered, the Court ruled in favor of the record companies.

This court case was about recovering the legal costs for bringing the copyright claim, which are calculated based on the value of the alleged infringements. The claim was for 1,000 violations at 50 euros per track (a value set by the court) which comes to a total of 50,000 euros.

According to Aldor Nini who helped with this article, based on the above the women will have to pay 2615 euros (less VAT) to the record companies’ lawyer, 1368 euros to the court, and up to 2,615 (less VAT) to their own lawyer.

Source: TorrentFreak

 

[Magmorph]

The moral of the story is: Don't upload copyrighted files.

 

[Hatsu]

Made my day.

 

[dice]

Made my day.

It won't when your mum's arrested.

(assuming she pays the bills)

 

[Hatsu]

Made my day.

It won't when your mum's arrested.

(assuming she pays the bills)

This post = win.

 

[Panzer Tacticer]

The moral of the story is: Don't upload copyrighted files.

No stupid, the moral of the story is suck the guy off instead of having kids if you can't cope with the reality that being a parent means they are your responsibility 100% and stupid notions won't means shit in court.

My son has a computer and is online, my son is 15, and my son is my legal responsibility.

That's the moral of the story.

 

[Deleted_171835]

Hah.

She is the legal guardian of the kids so she shouldn't say jack shit. She should have monitored what her kids were doing. The funny thing is, I've yet to see a case where someone got in trouble for minor downloading. Like downloading a few movies, games and music files, here and there. It's usually only uploading.

 

[DeMoN]

It was uploading in this case, not downloading:

around 1000 music tracks had been made available on her connection.

Just be warned that when you use torrents, you are effectively uploading when you download.

But does anyone else remember that case a while back where a mom got busted for downloading a stupid Pinball computer game?

 

[Elritha]

Surely she must have known what her kids were up to and should have put a stop to it better. 1000 tracks is a substantial amount not to notice.

 

[Guild McCommunist]

Hah.

She is the legal guardian of the kids so she shouldn't say jack shit. She should have monitored what her kids were doing. The funny thing is, I've yet to see a case where someone got in trouble for minor downloading. Like downloading a few movies, games and music files, here and there. It's usually only uploading.

The article said she doesn't know much about computers. I have a lot more computer knowledge than my mom, and probably more than my dad by now.

The thing is if you prosecute downloaders, it won't do anything. It's like cutting grass; it'll make it smaller but eventually it'll grow back. If you stop uploaders, then you pluck it at the root. Not to mention going after thousands upon thousands of downloaders is plain ridiculous.

Still, this is just an example of greedy executives trying to suck every dime out of some poor folks. Yeah, they did something wrong, but charging them so harshly is bullcrap. I say just confiscate their computers, wipe clean all pirated material, and monitor their internet to stop the uploading. Maybe some minor fines, but nothing huge that'll ruin them.

 

[Magoo222]

Still, this is just an example of greedy executives trying to suck every dime out of some poor folks. Yeah, they did something wrong, but charging them so harshly is bullcrap. I say just confiscate their computers, wipe clean all pirated material, and monitor their internet to stop the uploading. Maybe some minor fines, but nothing huge that'll ruin them.

It's more scare tactics, highly suggestible housewives see that someone has been taken to court/locked up/excessively fined start to panic about what their children are doing on the internet, and therefore start monitoring it more. Compared to formatting a PC and losing a few family photos, it's a lot more effective as a deterrent.

It is a little worrying that the parents are being held soley responsible though, if a child can't be tried for their actions what sort of precedent will this set for them later in life? And what happens if the individual downloading is over 18 but still using parents internet for downloading?

 

[zeromac]

xD sounds like she got owned, now i feel sorry for the children

 

[ninchya]

lol Remember Dont let your Mom arrest you for using megaupload

 

[Dizzy Doom]

This court case was about recovering the legal costs for bringing the copyright claim, which are calculated based on the value of the alleged infringements. The claim was for 1,000 violations at 50 euros per track (a value set by the court) which comes to a total of 50,000 euros.

50 euros per track.. seriously? It's like.. 49 extra euros for something you'd get for an euro at iTunes, Amazon, or about everywhere (Doh')...
That just shows how greedy people is getting.

 

[silent sniper]

i love canada and it's terrible law enforcement

 

[Davess]

i love canada and it's terrible law enforcement

Me too, Utorrent FTW!

 

[Splych]

It was uploading in this case, not downloading:

around 1000 music tracks had been made available on her connection.

Just be warned that when you use torrents, you are effectively uploading when you download.

But does anyone else remember that case a while back where a mom got busted for downloading a stupid Pinball computer game?

Maybe I should stop using Torrents...? But I only use Torrents because they are easier to use when downloading. For example, you won't have to download some things part by part unlike torrents where you can get the whole file.

When I don't use torrents, I get lazy since there is usually more than 1 part to the file. So then that's why I use torrents.

 

[FluffyLunamoth]

It was uploading in this case, not downloading:

around 1000 music tracks had been made available on her connection.

Just be warned that when you use torrents, you are effectively uploading when you download.

But does anyone else remember that case a while back where a mom got busted for downloading a stupid Pinball computer game?

Maybe I should stop using Torrents...? But I only use Torrents because they are easier to use when downloading. For example, you won't have to download some things part by part unlike torrents where you can get the whole file.

When I don't use torrents, I get lazy since there is usually more than 1 part to the file. So then that's why I use torrents.

I turn bitTorrent off once I'm done with whatever, really.

 

[alidsl]

hehe atleast use an ip hider or something

 

[outgum]

lol.... stoopid mum.
The mother should of known better in court or whatever because as stated she has every legal responsibility for them till there.... 18? i think , i find it pretty lol at her stupidity and that she should shut her whore mouth =O