Some of you may know me, some may not, but I would like to share my story with you. I am living proof of a consumer being raped by the recording industry. Being sued by the big labels is not a joke...it is unfortunately my reality. For those of you who download and/or share music online, be very cautious...getting caught is easier than you think.
About 95% of my digital music collection was uploaded from CD's I own, so if you think that makes a difference, trust me - it doesn't. You do not need to actually download music files to be prosecuted; if you are part of a file-sharing network i.e. Kazaa, Limewire, Morpheus, Grokster, etc., you can be sued just as easily as I was.
For information on how to not get sued, click here.
Several months ago, while attending a professional development course, my computer at my office was opened up and my hard drive seized. I then learned that my geographic information was subpoenaed by the RIAA (Recording Industry Association of America) and a lawsuit had been filed. Under the Digital Millennium Copyright Act (DMCA), it is perfectly legal for the RIAA to subpoena the ISP for each user's name, address, and other personal information in order to sue that user. Several weeks later, I received a letter from the law firm representing the major record labels that informed me of the impending lawsuit and how much I would be charged if I were to go to court and lose:
Needless to say, that scare tactic worked. I opted to settle, for a whopping $3,750. To view a copy of a settlement agreement, click here. The thing is, they only give you 15 days to send in your payment! I managed to get an extension for three months, but it has only given me more time to be just as broke. I earn a modest income and am not only supporting myself, but also my younger brother who is a full-time student. I am barely making my student loan payments and basically live check-to-check, which doesn't really allow much for savings. I don't have any credit cards and was recently denied for a loan to pay for this settlement. I've been able to muster up a little bit of cash through some friends who graciously donated whatever they could to help out.
My time ran out the first week of October. I pleaded, again, with the lawyers who gave me an additional 30 days to come up with the money. If I do not fork over the cash, I will be sued. Since I wouldn't be able to pay the fine, I would most likely have to do some time in jail. Yes, you can go to jail for "downloading" music.
This is my cry for help. I have just three weeks to get this monkey off my back. Please donate and pass this on!
I am Doe #3, Tamara McKenzie
