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Author Topic: RIAA wins battle  (Read 445 times)

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Offline Matthew

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RIAA wins battle
« on: October 04, 2007, 05:41:10 PM »
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  • Guilty or not -- come on, for something that is a venial sin at worst, to have to pay FIVE (or more) YEARS SALARY in reparation? That seems a bit excessive to my sense of justice.

    Maybe it's just me.

    I think they're making an example of her to instill fear in illegal music downloaders everywhere. I do wonder how much blood they'll actually get from this particular turnip, however.

    Unless she's a doctor, most of us poor slobs don't have $220,000 sitting in our couch cushions -- or anywhere else for that matter.

    And I don't mean to "muddy the waters" because enjoying music without paying for it IS WRONG -- but the RIAA gets most of the money from CD purchases, and they don't do ANYTHING to deserve it. I will have to post my flyer on RIAA later today.


    Guilty verdict in music file-sharing case

    Minn. woman ordered to pay $220,000 to record companies for illegally sharing copyrighted material.
    October 4 2007: 6:27 PM EDT

    DULUTH, Minn. (AP) -- The recording industry won a key fight Thursday against illegal music downloading when a federal jury found a Minnesota woman shared copyrighted music online and levied $220,000 in damages against her.

    The jury ordered Jammie Thomas, 30, to pay the six record companies that sued her $9,250 for each of 24 songs they focused on in the case. They had alleged she shared 1,702 songs in all.

    Thomas and her attorney, Brian Toder, declined comment as they left the courthouse.

    In the first such lawsuit to go to trial, the record companies accused Thomas of downloading the songs without permission and offering them online through a Kazaa file-sharing account. Thomas denied wrongdoing and testified that she didn't have a Kazaa account.

    Record companies have filed some 26,000 lawsuits since 2003 over file-sharing, which has hurt sales because it allows people to get music for free instead of paying for recordings in stores. Many other defendants have settled by paying the companies a few thousand dollars.

    During the three-day trial, the record companies presented evidence they said showed the copyrighted songs were offered by a Kazaa user under the name "tereastarr." Their witnesses, including officials from an Internet provider and a security firm, testified that the Internet address used by "tereastarr" belonged to Thomas.

    Toder said in his closing that the companies never proved "Jammie Thomas, a human being, got on her keyboard and sent out these things."

    "We don't know what happened," Toder told jurors. "All we know is that Jammie Thomas didn't do this."

    Richard Gabriel, the companies' lead attorney, called that defense "misdirection, red herrings, smoke and mirrors."

    He told jurors a verdict against Thomas would send a message to other illegal downloaders.

    "I only ask that you consider that the need for deterrence here is great," he said.

    Copyright law sets a damage range of $750 to $30,000 per infringement, or up to $150,000 if the violation was "willful." Jurors ruled that Thomas' infringement was willful but awarded damages in a middle range.

    Before the verdict, an official with an industry trade group said he was surprised it had taken so long for one of the industry's lawsuits against individual downloaders to come to trial.

    Illegal downloads have "become business as usual, nobody really thinks about it," said Cary Sherman, president of the Recording Industry Association of America, which coordinates the lawsuits. "This case has put it back in the news. Win or lose, people will understand that we are out there trying to protect our rights."

    Thomas' testimony was complicated by the fact that she had replaced her computer's hard drive after the sharing was alleged to have taken place - and later than she had said in a deposition before trial.

    The hard drive in question was not presented at trial by either party, though Thomas used her new one to show the jury how fast it copies songs from CDs. That was an effort to counter an industry witness' assertion that the songs on the old drive got there too fast to have come from CDs she owned - and therefore must have been downloaded illegally.

    Record companies said Thomas was sent an instant message in February 2005, warning her that she was violating copyright law. Her hard drive was replaced the following month, not in 2004, as she said in the deposition.

    The record companies involved in the lawsuit are Sony BMG, Arista Records LLC, Interscope Records, UMG Recordings Inc., Capitol Records Inc. and Warner Bros. Records Inc.
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    Offline Vandaler

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    RIAA wins battle
    « Reply #1 on: October 04, 2007, 09:23:53 PM »
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  • It is indeed much excessive.

    Due to lack of follow-up and short attention span, we will likely never know, but I have an intuition that only a fraction of such a large sum will be paid .  But it does send a strong message that will please records companies and that is what they really want.  

    Not bleed an individual dry.