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  1. #1
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    Thumbs down Plain Ridiculous

    PC World - Jury Orders Woman to Pay $222,000 for Illegal Music Sharing

    Woman to Pay $222,000 for Illegal Music Sharing
    A Minneapolis woman has been convicted of illegally downloading and sharing copyrighted music over a peer-to-peer network.

    Jaikumar Vijayan, Computerworld

    Friday, October 05, 2007 10:00 AM PDT

    A federal jury in Duluth, Minn., on Thursday ordered a Minneapolis woman to pay US$220,000 to six music companies for illegally downloading and sharing copyrighted music over a peer-to-peer network.
    The 12-person jury said Jammie Thomas must pay $9,250 for each of the 24 songs that were the focus of the case. In their complaint, the six music companies that sued her had claimed that Thomas had illegally shared a total of 1,702 songs over the Kazaa file-sharing network, but they chose to focus on a representative list of 24 songs.
    The verdict was greeted with dismay by many in the blogosphere who have been following the case closely for some time now.
    New York lawyer Ray Beckerman, writing in the Recording Industry vs The People blog, called the verdict "one of the most irrational things I have ever seen in my life in the law."
    "A verdict of $222,000 for infringement of 24 song files worth a total of $23.76?" he asked. "It is an outrage, and I hope it is a wake-up call to the world that we all need to start supporting the defendants in these cases."
    Commenting on Gizmodo.com, a reader identifying himself as DirtyBacon said he was shocked but not surprised by the verdict. "I guess my two mp3 players, that have thousands of songs that I bought on CD, are illegal contraband," he said. "My options of moving to Asian countries for work are looking more appealing. I've officially lost faith."
    The six music companies that sued Thomas were Capitol Records Inc., Sony BMG, Arista Records LLC, Interscope Records Inc., UMG Recordings Inc. and Warner Bros. Records Inc.
    In their 12-page complaint filed with the U.S District Court in Duluth, the six recording companies claimed that on Feb. 21, 2005, an investigator working for the plaintiffs detected an individual -- later identified as Thomas -- distributing 1,702 audio files from a Kazaa shared folder on her computer.
    The complaint alleged that Thomas was distributing the files for free over the Internet to potentially millions of other Kazaa users. The companies claimed that Thomas knew such conduct was unlawful but willfully proceeded with violating copyrights. They also said that Thomas intentionally concealed her infringement by "fabricating a clean hard drive to produce to Plaintiffs for inspection."
    "Copyright infringement is a strict liability offense, and Plaintiffs need not demonstrate Defendant's intent to infringe, or even knowledge of infringement, in order to prove copyright infringement," the companies said in their complaint.
    In her defense, Thomas, who is a single mother, claimed that she did not download anything from Kazaa or any other file-sharing network. She questioned whether the companies that were suing her were really the true copyright owners of the music in question.
    In her formal statement to the court prior to the trial, Thomas said that even if the plaintiffs were able to prove that the IP address in question belonged to her, that didn't prove that she actually downloaded any copyrighted material. She claimed there might be "alternative theories" without mentioning what they were.
    Yesterday's jury verdict after two days of testimony is likely to come as a shot in the arm for the Recording Industry Association of America (RIAA), which has brought thousands of lawsuits against individuals such as Thomas over the past few years in a bid to curb what it claims is rampant music piracy.
    Earlier this year, it launched a campaign under which it allows individuals it identifies as having pirated music to settle claims against them at a reduced rate. In the past few months, it has sent out thousands of letters to individuals offering the presuit settlement option, which individuals can settle online if they choose.
    Just last month, the RIAA sent out 403 of its prelitigation letters to 22 universities nationwide with instructions to forward the letters to the owners of specific IP addresses linked to illegal music downloads. The universities included Carnegie Mellon University, Cornell University, MIT, Purdue University and Arizona State University.


    Let my Fred's Posse Ride: Georges, Naz, Hogue, Bryce, Nader, Monte, Matt, and McKay.

  2. #2
    Speechless
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    Re: Plain Ridiculous

    That is why I only steal music now.


    They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. - Benjamin Franklin 1775

  3. #3
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    Re: Plain Ridiculous

    There's no way in hell I'd ever pay that 220k. I'd leave the country first. I realize they are trying to make an example out of someone, but that's not even a realistic punishment.



  4. #4
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    Re: Plain Ridiculous

    Quote Originally Posted by brianhos View Post
    That is why I only steal music now.


    Which brings up another great South Park episode with Lars from Metallica



  5. #5
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    Re: Plain Ridiculous

    I only buy used cd's, that way it's the business getting the money.



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    Re: Plain Ridiculous

    I don't get computers and MP3's very much but if you give away music that people have to pay for. Then you hsould have to pay however much you gave away. That is how much the musicians lost by having there songs givin away without receiving any of the benifit's. It's like giving away art for free. That is wrong.



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    Re: Plain Ridiculous

    I go to my local libraries website to see if they have a CD I want. If they do, I check it out, rip it, and return it. If they don't have it, I but it from one of the legal music websites, like iTunes. My library has a lot of music. And since the library is funded partially by property taxes, I don't feel quite so guilty.


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    Re: Plain Ridiculous

    The rich just get richer. How about not charging so damn much for CDs? We already have to pay way too much just to watch a concert. Some seats as high as nearly $100 for some artists and if you are lucky that might get you 2 hours worth of show from the main act.

    This is why I hate record labels because the artists really don't rake in a good portion of the profits from record sales, the record label does. Its the touring and merchandising where the artist makes more I believe. I don't have any figures to back this up but I think I've seen somewhere that if you paid $1 a song for an online download that the RIAA gets 80 cents of that, the credit card company gets 5 cents and the last 15 cents is divided up amongst different things. It's RIAA's liscensing fees that make music cost as much as it does these days.


    Go Cubs Go!

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    Re: Plain Ridiculous

    the artists really don't rake in a good portion of the profits from record sales
    Your wrong on this. My buddies have a band called slipknot. There is a whole bunch of stuff that goes into the record. You get points for whatever you do to get the record out. The producer get's like 3 points. The singer get's an extra point. The song writer get's extra points so on and so on. Then a lot of band and some might not know this actually hire most of the people in the band. For example my friend's Sid and Jim both came into the band near the time they signed. They are hired musicians and not part of the original 5 members of Slipknot. THey don't make near the amount the other guys do. They may now but not the first couple of Albums. My friend Paul, The base player makes about 12 cent's for every album sold. It's mostly due to them having 9 guys in the band. Then they get t-shirt money over the net and touring and merch on the road.



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    Re: Plain Ridiculous

    The poor recording industry is really reaching now. Their gravy train is finally going down the tubes. Does anyone realize that if you buy a $15 CD, the artist only gets a couple of dollars? That's BS IMO.

    In 10 years, CDs will hardly even be sold. Artists will offer paid downloads and then people will burn/store to media to play in their players and cars. And it couldn't happen to a more crooked, corrupt industry.

    If you want to support your favorite artists, see them in concert.


    XXXX Master Shake is under gag order XXXX

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    Re: Plain Ridiculous

    I don't condone downloading music, but the RIAA certainly is not taking the correct action by suing people for ridiculous sums of money..

    They're being really, really reluctant to actually find a way to reach people. What they don't understand is that people like to own things. People will be willing to buy music... as long as the product is good and it isn't way too expensive. CD's had been driving up in price a ton before the huge P2P thing started. I remember they got to the point where some CD's were 20 bucks a piece for some 7 song album that probably sucked.

    Another thing they don't understand, is that people will always hack. That's it. Until society turns into 1984, hacking will exist. You can do what you can to slow it, but it's clearly impossible to stop it. The best you can do is to present an alternative that encourages people to legally be a part of of the system. And going around suing people for incredible sums of money may be a deterrent, but they're not making any friends, and they certainly aren't trying to adapt in any way.



  12. #12
    Speechless
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    Re: Plain Ridiculous

    BMI legal fees are probably higher than what they pay their artists. Bet they fly first class everywhere also. That is why we call copying a CD a RIP.


    Let my Fred's Posse Ride: Georges, Naz, Hogue, Bryce, Nader, Monte, Matt, and McKay.

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    Re: Plain Ridiculous

    Quote Originally Posted by bmuff View Post
    The poor recording industry is really reaching now. Their gravy train is finally going down the tubes. Does anyone realize that if you buy a $15 CD, the artist only gets a couple of dollars? That's BS IMO.

    In 10 years, CDs will hardly even be sold. Artists will offer paid downloads and then people will burn/store to media to play in their players and cars. And it couldn't happen to a more crooked, corrupt industry.

    If you want to support your favorite artists, see them in concert.
    Devils advocate says:

    Listen, I hate recording companies as much as the next guy......but: Record company's have tons of flops, not everyone produces money making albums. It's almost like working on commission. If I (solo music artist) get two bucks for every album I sell and I go platinum, that 2 mil in the bank not including, merch & touring. Not bad, and not to mention all the perks with being a musican.



  14. #14
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    Re: Plain Ridiculous

    I consider it wrong.
    Have a done it? Absolutely!
    What do I do now? Itunes. I think its completely fair to charge $1 per song or $10 per album etc. My only beef with Itunes is the limted computers you can put it on.


    THE RIAA I hope will soon rot and die. Giving it to that lady for 1/4 of a million dollars????????????? There is no way they will see that money. How about sueing for something realistic?



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    Re: Plain Ridiculous

    Quote Originally Posted by HandSanitizer View Post
    Itunes. I think its completely fair to charge $1 per song or $10 per album etc. My only beef with Itunes is the limted computers you can put it on.
    I haven't bought anything from iTunes in awhile so maybe you can't do this anymore, but last time I did, I just coverted the song to MP3 or WAV, and it goes anywhere I want it to go.

    Quote Originally Posted by HandSanitizer View Post
    THE RIAA I hope will soon rot and die.
    The RIAA is still living in their glory days of the 1950's and 1960's, when they helped to standardize the bass equalization curves for LP's. That was their one useful contribution to soceity. Now, time for them to go away, or move into the 21st century...


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