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Tuesday, May 17, 2005

File-sharer's dad goes to court

His daughter began using the Kazaa file-sharing service two years ago when she was 13, the Milwaukee Journal Sentinel reports. Dave Bink, the dad, wasn't aware of the "hundreds of songs, including 'All You Wanted' by Michelle Branch, 'Eat You Alive' by Limp Bizkit and 'U Don't Have to Call' by Usher," on the family PC. Plus, because he only listens to Led Zeppelin and The Doors, he thought it was a joke when he was sued for file-sharing. Now "he faces this choice: Pay $3,750 to settle or go to court, where he may be ordered to pay at least $750 per song." His daughter didn't think she was doing anything wrong either, the Journal Sentinel adds. "Until last week, Kazaa advertised itself as '100 percent legal'." According to the Journal Sentinel, Bink's chances of winning aren't great. It cites an earlier case in which a Chicago woman sued by the RIAA didn't feel she'd infringed copyrights, decided to go to court, and received a pre-trial summary judgment from a judge, ordering her to pay $22,500 "for the downloading of 30 songs." A new development is a class-action lawsuit started by a family in Ohio (see my 4/29/05 issue). See also "File-sharer's mom sues back."

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