Legal Question in Technology Law in California

Re: music download by 13yo female-settlement

Someone is going to need many more details to assess this situation. You probably should speak with an attorney directly, as it looks like this may be beyond the scope of a billboard such as this. Generally, however, a contract entered into by a minor is not enforceable.

The foregoing is general information only, not specific legal advice. No attorney/client relationship has been created or should be implied.

Re: music download by 13yo female-settlement

While it is generally true that a minor cannot enter such a contract, I imagine the suit is based on copyright infringement, which can apply to a minor. The reason you are being sued is because the ISP account was in your name when the downloading occurred. It is a very situation and you would have a complete defense if you could show that it was not you, but most parents do not want their children involved in the suit. And presumably Capitol Records will go after your children if they loose you as a defendant.

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The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Re: music download by 13yo female-settlement

minor contracts are generally voidable, however, you are also reasonably responsible for the conduct of your minor child, within your household especially. However, the burden of proof is on the plaintiff in this case, and they must attempt to validate the debt alleged against you/your daughter according to proper legal standards. If you would like prompt, affordable legal assistance in this unfortunate matter, in dealing with the opposition, contact us today for a free phone consultation.

Re: music download by 13yo female-settlement

A 13-year-old has no legal capacity to make contracts in California, but can be held liable on non-contract theories to others the fair value of the necessaries of life (food, clothing, shelter, etc.) furnished to the minor.

Downloaded music is not a "necessary of life," of course; but my best guess is that the judgment has nothing at all to do with contracts, contract law, or breach of contract.

My guess is that the judgment is based upon a tort; specificaly, breach of Federal copyright law.

Age can be a factor in tort liability, also, but there is no bright-line test like the age of majority for contracts, where a kid magically goes from not being able to make any contract at age 17.99 to being able to make million-dollar deals at age 18.00. There are cases in textbooks illustrating this; for example, a four-year-old was found liable for assault and battery for pulling a chair out from under his elderly aunt who was about to lower her behind into it. The court held that if the child were old enough to understand that his act was likely to cause an injury (and he was), he could be held personally liable, whether or not he was old enough to reason with himself about the danger and foolishness of his act.

Now, there's another aspect to this: one cannot be sued and a judgment lawfully obtained without a measure of due process. Generally, this means that a defendant must be personally served with a summons and a copy of the complaint - this gives the court jurisdiction - and be given a chance to file a responsive pleading such as an answer or demurrer.

So, one wonders if your daughter was served, or more likely, if you were?

As a general rule, I might add, parents are not liable for their childrens' torts, but can be liable in their own right for the same conduct, i.e., the parent of a juvenile delinquent won't be liable malicious mischief for the graffiti her kid sprays, but may be liable for negligent parenting. This general rule is sometimes modified by statute. I do not know without research I can't do at the moment whether parents are liable for children's violation of the copyright laws.

In any event, you may have grounds somewhere for setting aside the judgment, but without more information I cannot categorically say that it is invalid.

Re: music download by 13yo female-settlement

I think the other answers are based upon a misunderstanding of the facts - or perhaps it is me that is not understanding. Is your daughter in a class of defendants that has achieved a compromise? It is possible that if you do not accept the offered settlement, you could be facing far greater liability.

Bottom line is this: You need to talk with an experienced attorney. Don't wait. Get a handle on this sooner rather than later.