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This is madness. Srsly.

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Benjichang View Drop Down
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    Posted: 19 June 2009 at 8:39am

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Woman fined $1.9 MILLION ($1,900,000) for illegally downloading, get ready for it- 24 songs.

I am dumbstruck. Regardless of your opinion on piracy, this is insane. GG, RIAA. Burn in hell, kthnx.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote RoboCop Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 8:45am
I don't know if they fine people with such a big number to prove a point or just for the hell of it, but they really need to go for the people that have downloaded hundreds and thousands of songs. There are so many households that are illegally downloading  music, yet they seem to always screw over the ones that have done the least.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Peter Parker Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 10:10am
Originally posted by RoboCop RoboCop wrote:

I don't know if they fine people with such a big number to prove a point or just for the hell of it, but they really need to go for the people that have downloaded hundreds and thousands of songs. There are so many households that are illegally downloading  music, yet they seem to always screw over the ones that have done the least.
 
I can pretty much guarantee that this woman was sharing a lot more than 24 songs.  They just sue over a smaller number because those songs all belong to the same studio, or they have particularly good evidence for those songs.  And in any event they want to keep trial short and sweet.  With 24 songs they can offer specific evidence of download and sharing for each song - if they sued for 2,400 songs they wouldn't have time to offer specific evidence for each.
 
They aren't trying for super-duper damages, they are just trying to make a point.
 
As to the damages, they are awarded by jury pursuant to statute.  This jury actually cranked up the damages - a lot - from what the jury in the prior trial awarded.
 

"E Pluribus Unum" does not mean "Every man for himself".

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Post Options Post Options   Thanks (0) Thanks(0)   Quote oldsoldier Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 10:15am
Good, and they should continue to go after the pirates. The artists do not work for free, and expect to get paid for thier work, as all of you would. If you all had any ethics at all you would send her a check for at least $1000.00 based on your pirating of music. It was fun stealing the music, now the cyber-cops are out there, matter of time.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote slackerr26 Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 10:16am
i would have to pay 28 million if they charged me the same amount per song as they did her
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Post Options Post Options   Thanks (0) Thanks(0)   Quote ParielIsBack Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 10:25am
The only good thing about the way the RIAA operates is that it gives a lot of room for new, unknown artists to sell themselves.  People will gladly buy cheap music off the internet, given the chance.  More than anything, I think the RIAA is digging a hole it's going to have to work hard to get out of in the next decade or two. If they want to continue to be greedy rather than changing their marketing strategy, they're going to end up losing.

For the record, I don't have any illegal music.

Also, I'm a little confused -- is this a civil case, or a criminal one?

Bu that woman is clearly some level of retarded.  I'm not sure if the fine is related in any way to the jury's belief in the amount of damage she's done, or her ridiculous rebuttals to the RIAA's claims.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Enmity Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 10:30am
I would have to pay 204,160,000 million if they charged me the same amount.
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Post Options Post Options   Thanks (0) Thanks(0)   Quote pntbl freak Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 10:31am
Originally posted by oldsoldier oldsoldier wrote:

Good, and they should continue to go after the pirates. The artists do not work for free, and expect to get paid for thier work, as all of you would. If you all had any ethics at all you would send her a check for at least $1000.00 based on your pirating of music. It was fun stealing the music, now the cyber-cops are out there, matter of time.


"...a band can expect an average of $1.00 in royalties for each full-priced CD sold through normal retail channels and less elsewhere."

Most of the money made on albums go directly to the record companies not the band itself.  The band makes most of their money of tours and merchandise.

http://www.musiclaw.me/contractbasics.html
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Benjichang Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 10:34am

What planet are you people on that think this is justified? She was convicted of stealing the equivalent of 2 C.D.'s. Let's say $30. How can a sane person think that $1.9 million is a fair punishment for $30 of stolen goods? Think about what you are saying.

Regardless of illegality, filesharing is here to stay. If I was convicted for every pirated song I have at the same rate, I would be out $1,200,000,000. How does that make sense at all? How are damages this high justified?

If piracy is really stealing like the RIAA is always saying, why not charge people with theft instead of this crap about copyright infringement? 

The funny thing is, even though they are never going to collect this money, even if they could, the artists wouldn't see a dime of it. It makes me irate that anyone can agree with this. Just more reason to support independent labels and artists like Radiohead that know how to adapt to changing market models instead of fighting against them.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote ParielIsBack Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 10:42am
Originally posted by Benjichang Benjichang wrote:

What planet are you people on that think this is justified? She was convicted of stealing the equivalent of 2 C.D.'s. Let's say $30. How can a sane person think that $1.9 million is a fair punishment for $30 of stolen goods? Think about what you are saying.


I think it was a combination of a) her repeatedly changing her story, and b) the likelihood that she had probably shared something in the area of 1700-2400 songs.  The law says $18,000 - $150,000 a song for willful copyright infringement, so it could have been a lot worse.

Quote Regardless of illegality, filesharing is here to stay. If I was convicted for every pirated song I have at the same rate, I would be out $1,200,000,000. How does that make sense at all? How are damages this high justified?

If piracy is really stealing like the RIAA is always saying, why not charge people with theft instead of this crap about copyright infringement?

I can definitely agree with that.  But as shown by Sweden, intimidation does seem to at least reduce filesharing.  That's their goal here.  The problem is that they have this big cumbersome structure, in terms of their company and the legal system, and that filesharing is a far more flexible structure, which they won't be able to remove, no matter what they do.

Quote The funny thing is, even though they are never going to collect this money, even if they could, the artists wouldn't see a dime of it. It makes me irate that anyone can agree with this. Just more reason to support independent labels and artists like Radiohead that know how to adapt to changing market models instead of fighting against them.

This is the point I was trying to make above.  Absolutely the truth.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Benjichang Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 10:52am

I wish she didn't change the story and try to hide evidence. Rather than saying "I didn't do it", she should have been honest. That way she would have way more credibility, and could have used this case as a chance to show how ridiculous the RIAA actually is. 

I love how they have to make an example of a single mother. Even if she did have 2400 songs, that's a drop in the bucket compared what other people have. There is no way the RIAA could even begin to collect enough evidence to prosecute even a small percentage of the total filesharers out there. It is impossible to have enough resources and manpower to even start. 

Filesharing is something much bigger than them.


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Peter Parker Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 11:36am
This is a civil matter under the Copyright Act.  Nobody was convicted of anything.  The RIAA sued the lady for damages for copyright infringement.
 
General copyright law allows copyright holders to sue infringers for actual damages suffered.  The Copyright Act provides for statutory damages (more or less as Pariel described) for registered copyrights without having to show specific damages.  This rule was put in place specifically for situations like this, where it would be difficult for the copyright holder to show meaningful actual damages from a single infringement, but where the infringement is willful and detrimental to the value of the copyright.

While random filesharers are fairly sympathethic defendants and the RIAA may be evil, the bottom line is that this type of situation is exactly what this law is for.  This is the Copyright Act being used for its intended purpose.  The only real difference is that when the Act was enacted it didn't envision a culture where copyright infringement had become mainstream, with no moral stigma.

It may be time to change copyright laws, but be careful of Pandora's Box.  Intellectual property laws are a big part of what drives economic growth, and the Copyright Act is a big part of that.
 
For those of you who favor legalizing filesharing - should that also apply to software?  I buy a copy of Rosetta Stone for a zillion dollars, and post it on the internet for public free download?  That's ok?


Edited by Peter Parker - 19 June 2009 at 11:38am

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Post Options Post Options   Thanks (0) Thanks(0)   Quote ParielIsBack Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 11:55am
Originally posted by Peter Parker Peter Parker wrote:

For those of you who favor legalizing filesharing - should that also apply to software?  I buy a copy of Rosetta Stone for a zillion dollars, and post it on the internet for public free download?  That's ok?


I think that the software, music, movie, and television industries should stop looking as filesharing as a malignant tumor.  They are never going to be able to prevent filesharing, it's simply not economically viable.  As far as I see it, they don't have a choice except to change their business models to adapt to the changing ways their products are distributed.  If that means that in the next ten years we no longer see hard copy DVDs and CDs being produced for video games, movies, and music, so be it.  But if the iTunes store is the best that big business can do to distribute its wares to the public, they're going to to be fighting this battle forever.

*EDIT* Lovin' the new title.


Edited by ParielIsBack - 19 June 2009 at 11:56am
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Post Options Post Options   Thanks (0) Thanks(0)   Quote Benjichang Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 12:02pm

I don't think that filesharing should be legal for both software and music. I'm still going to do it though, because for the most part, I can get away with it and it's cheap. I'm a college student, and I really don't have a ton of money even though I work. I'd love to support the artists I love, and I do when I can by going to shows, buying merchandise, and CD's, but when I can get an album for free easily that is often overlooked. 

I do think, however, that penalties for cases like this need to be reduced drastically. Copyright laws need to be changed to better accommodate a culture that is vastly becoming more and more digital. 


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Post Options Post Options   Thanks (0) Thanks(0)   Quote Benjichang Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 12:09pm
Originally posted by ParielIsBack ParielIsBack wrote:

Originally posted by Peter Parker Peter Parker wrote:

For those of you who favor legalizing filesharing - should that also apply to software?  I buy a copy of Rosetta Stone for a zillion dollars, and post it on the internet for public free download?  That's ok?


I think that the software, music, movie, and television industries should stop looking as filesharing as a malignant tumor.  They are never going to be able to prevent filesharing, it's simply not economically viable.  As far as I see it, they don't have a choice except to change their business models to adapt to the changing ways their products are distributed.  If that means that in the next ten years we no longer see hard copy DVDs and CDs being produced for video games, movies, and music, so be it.  But if the iTunes store is the best that big business can do to distribute its wares to the public, they're going to to be fighting this battle forever.

*EDIT* Lovin' the new title.

I agree with this entirely. The RIAA needs to realize that filesharing probably isn't depriving them of significant revenue. Didn't record companies say that radio was going to do the same thing? There's a lot of anecdotal evidence that filesharing can actually help artists. A lot of bands are starting to let buyers name their own price for their music, even for free. 

Another thought that was brough up in chat- What about the film industry? Plenty of people pirate films, but do we ever hear of some association of actors suing individuals for downloading The Big Lebowski?


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Post Options Post Options   Thanks (0) Thanks(0)   Quote ParielIsBack Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 12:12pm
Originally posted by Benjichang Benjichang wrote:

I agree with this entirely. The RIAA needs to realize that filesharing probably isn't depriving them of significant revenue. Didn't record companies say that radio was going to do the same thing? There's a lot of anecdotal evidence that filesharing can actually help artists. A lot of bands are starting to let buyers name their own price for their music, even for free. 

Another thought that was brough up in chat- What about the film industry? Plenty of people pirate films, but do we ever hear of some association of actors suing individuals for downloading The Big Lebowski?

Frankly, I think the film industry loses a lot more revenue than the music industry does through filesharing.  I know a lot of people who download music, but still go to shows and buy CDs, but few who download movies and then buy the actual thing.

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Post Options Post Options   Thanks (0) Thanks(0)   Quote jmac3 Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 12:21pm
The movie industry definitely doesn't lose as much money as they say. Every movie I have ever downloaded I only watched because I could download it. Stuff I wanted to see, but wouldn't have spent the $10 admission. I know I am not the only one.

I remember when the Wolverine movie leaked. I read an article that had a quote that went something like "If people download this they may not like it". I forget the exact quote, but my first thought was "maybe they should have made a better movie then?"

Same with record companies. I have learned of and listened to many bands only because I could get their albums for free. What did I do after I started listening? I went to their shows, and bought Tshirts.

Que pasa?


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Post Options Post Options   Thanks (0) Thanks(0)   Quote High Voltage Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 12:56pm
Originally posted by oldsoldier oldsoldier wrote:

Good, and they should continue to go after the pirates. The artists do not work for free, and expect to get paid for thier work, as all of you would. If you all had any ethics at all you would send her a check for at least $1000.00 based on your pirating of music. It was fun stealing the music, now the cyber-cops are out there, matter of time.

Unlike the rest of the people in this thread, I won't let this post just slip by without some further discussion.

Are you sure you want to talk ethics when dealing with issues against record companies? Notice I said record labels, not artists.

Also, explain your last sentence. Were you saying it is a matter of time until piracy is completely stopped?
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Post Options Post Options   Thanks (0) Thanks(0)   Quote oldsoldier Quote  Post ReplyReply Direct Link To This Post Posted: 19 June 2009 at 1:07pm
I just am amazed at the statements made. So it would be ok for someone to take your work or product for free, just because they can, and you all would have no problem with that? Just because you are a poor college student does not excuse the behavior. Yes the lables get the majority, but it is thier manufacturing, marketing and transportation costs. How many of you would work at a project for months, expect to get paid for it, and see your neighbor stealing your project and not paying. All of you, and that is the problem, most of you see nothing wrong with this behavior unless it directly affects you.
It is just a matter of time before there are things in place to catch the file sharer's, and illegal downloaders, and the cyber-cops will be there. You all are just plain robbing the artis and lables, just without a gun, and think that it is OK.....says a lot for this generation.
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I don't rob artists. They are paid before the CD is produced.
Que pasa?


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