By Jon Newton 10/06/05
Having already failed once to nail Brittany Chan through her mother, Candy, the Big Music cartel is now going after Britanny again, this time by herself.
She was 13 when this all started, but she's now 14 and in their latest move, the Big Four are using Matthew E. Krichbaum of Ann Arbour to demand that the US District Court of the Eastern District of Michigan appoint a Guardian ad Litem, in other words, an official legal guardian ---- which she'll definitely need with the venal and unscrupulous labels trying to get her.
Plaintiffs [read EMI, Warner, Universal and Sony BMG, the members of the Big Music record label cartel] initial investigation revealed that a computer in the Chan home was used to download (reproduce) and offer 829 digital music files for distribution," says the complaint. "Plaintiffs initially filed an action against Brittany Chans mother, Candy Chan.
Candy Chan ultimately testified that she had a conversation with Brittany Chan in which Britanny Chan admitted to using the Spicybrnweyedgirl name associated with the copyright infringement.
Notwithstanding that her own testimony implicated her daughter, Candy Chan refused to take responsibility for her daughter and forced Plaintiffs to file this action directly against Brittany Chan even after they informed her that she had left them with no alternative.
"Forced" the cartel to attack Britanny directly?
As we posted here:
The RIAA claimed Mrs Chan was indirectly liable as a copyright infringer because she'd given Britanny a computer. "After taking Ms Chan's deposition, the RIAA moved to add the daughter," her lawyer, John Hermann, told p2pnet. "I objected, arguing that the daughter was a minor and that they had to appoint a guardian ad litem before for the child before they could proceed.
"In the meantime, I threatened filing a motion for summary judgment on behalf of Ms Chan". That frightened off the RIAA legal hit men and the complaint against her was dropped.
Go here and here for more on the Chan case.
Jon Newton is the editor of p2pnet.net and is a regular contributer to MP3 Newswire. Jon's site is devoted to the politics of digital music and his insights as well as those of his co-writers can be read there. We urge you to explore it.
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