Oct 7, 2005 • 1 min read

RIAA face legal fight with teenager

After a Michigan court ruled Candy Chan not liable for her daughter's file sharing, the labels are seeking a guardian ad litem for Brittany Chan, a step towards suing the fourteen-year-old.

Reports on this story are a little hazy, so forgive me if we don't get it quite right! It relates to that previously reported anti-download lawsuit in the States against the Chan family.

The record labels sued Candy Chan for copyright violation, even though they recognised that it was in fact her daughter, Brittany Chan, who had shared some 829 music files via her P2P account. The logic was that Candy, as Brittany's parent, was responsible for ensuring her daughter didn't violate anyone's copyright - a logic used to target many of the minors who share music via P2P. But the judge at the District Court Eastern District of Michigan Southern Division last month ruled that Candy was not liable for her daughter's sharing of copyrighted music.

So what next for the record companies' legal team? Well, the new reports say that the record labels are now asking the courts to appoint a 'Guardian Ad Litem' for Brittany, ie someone other than her mother who can act as a legal guardian. This is a preliminary step before launching a lawsuit against Brittany herself - because the courts won't let the teenager be sued without a guardian in place.

Of course the reason the record labels are pursuing this one further is precedent. The ruling in the Michigan court could, in theory, make it impossible for the record labels to target anyone illegally file sharing music under the age of 18 - and those already sued would be much less likely to come to any kind of out of court settlement. The problem here is the labels could find themselves in a court battle with a fourteen year old, which, however justified you might think that legal fight would be, is going to be a PR nightmare for the record industry in the US.

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