2 Sued for Downloading Over 1,000 Songs
By JIM FITZGERALD, Associated Press Writer
November 2, 2006, 1:54 AM CST
WHITE PLAINS, N.Y. —
Patricia Santangelo wouldn't concede in her fight with record companies that accused her of pirating songs over the Internet. Now the companies are hoping for an easier tussle against her kids.
Five record companies, represented by the Recording Industry Association of America, filed a lawsuit in federal court in White Plains on Wednesday against Santangelo's son and daughter.
It said Michelle Santangelo, 20, has acknowledged downloading songs on the family computer and that her brother, Robert, 16, had been implicated in statements his best friend made. It accuses the two of downloading and distributing over 1,000 songs, including "Pretty Fly (For a White Guy)" by the Offspring, "MMMBop" by Hanson and "Beat It" by Michael Jackson.
"In short, each of the defendants participated in the substantial violations of plaintiffs' copyrights at issue and then concealed their involvement, standing idly by as Patricia Santangelo repeatedly protested their innocence and chastised plaintiffs for filing allegedly frivolous litigation," the complaint said.
The Santangelos' lawyer, Jordan Glass, disputed the recording industry's allegations and said he was at Michelle Santangelo's deposition and does not recall her "admitting or acknowledging downloading."
Patricia Santangelo, who a federal judge called "an Internet illiterate parent," drew attention last year when she denied downloading songs and refused to settle with the recording industry, which she said demanded $7,500 to keep her name out of a lawsuit for illegally downloading music.
Defenders of Internet freedom helped pay for her attorney. She proclaimed her innocence on TV. But the question remained whether her children had done it. Santangelo said she had no knowledge of them downloading and, if they did, the blame lay with computer programs, not with her or the children.
The industry is requesting an injunction, unspecified damages for each download and court costs.
The record companies have sued thousands of people, including many minors, for allegedly pirating music through file-sharing computer networks, most of which have been forced out of business.
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On the Net:
Recording Industry Association of America: http://www.riaa.com
Defense lawyers' blog on RIAA cases: http://www.recordingindustryvspeople.blogspot.com
Copyright © 2008, The Associated Press
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