Andre Yoskowitz
27 Feb 2010 13:43
A Texas appellate court has ordered Whitney Harper to pay $27,750 in fines for illegal sharing of 27 tracks when she was 15 years old, throwing out the old judgment that had ordered her to pay just $7400.
The first decision had given Harper the "innocent infringers" exemption, via the DMCA, meaning she could be fined a number under the minimum $750 per track, as stated in the law.
Harper shared the files via Limewire seven years ago, back when she was a 15-year old high school cheerleader, and says she thought the sharing was the same as Internet radio.
"Harper cannot rely on her purported legal naivety [sic] to defeat the … bar to her innocent infringer defense," said the court.
Said the woman, two years in court: "I knew I was listening to music. I didn't have an understanding of file sharing."