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Subject: $2,000,000 Music Copyright Award - Horse Feathers

Written By: LyricBoy on 06/22/09 at 11:27 am

I was watching a story on the news today where that lady who got smacked with a $2MM penalty for posting songs on the internet was telling "her side of the story".

Now mind you I think the lawsuit reward is ridiculous.  However...

I think she is full of doody.  Here she was on TV claiming to not know that her songs were posted on the 'Net.  "I don't know how they got there.  I guess my kids somehow did it.  I never heard of Kazaa."  ::)

What a lame story.  If any of her kids woulda done that, by now one of them would have admitted it.  Her story is complete BS, and I suspect that is why the jury delivered such an onerous verdict.

I do imagine that the award amount will either be overturned by7 a higher court, or the plaintiffs will settle out-of-court if she at least admits what she did.  :-\\

Subject: Re: $2,000,000 Music Copyright Award - Horse Feathers

Written By: Tam on 06/22/09 at 1:03 pm

http://news.yahoo.com/s/ap/us_tec_music_downloading

This wasn't her first time in court over the situation.

They originally fined her $222,000 for everything, but she chose to appeal it, which has now netted her the $1.92 million, or $80,000 per song. Obviously setting a precedence for how and how much they can fine the remaining cases that still remain.

I think they are using Jammie as an example. Everyone else they have tried to fine has immediately settled out of court, while Jammie chose to fight it.


This is exactly why I always remove any peer-to-peer program from any computer I work on even before I connect it to my internet! And of course, I use iTunes, even though it burns my arse that their songs have gone up to $1.29!

Subject: Re: $2,000,000 Music Copyright Award - Horse Feathers

Written By: Mushroom on 06/22/09 at 4:15 pm


This is exactly why I always remove any peer-to-peer program from any computer I work on even before I connect it to my internet! And of course, I use iTunes, even though it burns my arse that their songs have gone up to $1.29!


A couple of years ago before I changed careers, I was working as a computer tech.  And probably 80% of the computers that came in had one or more peer-2-peer software installed.  Along with the virus, spyware, and other junk that goes with it.

At the time we offered free reloads if the computer was bought from us.  But after one customer brought his system back 4 times in a month, we changed that policy.  We started handing out a sheet explaining things to not do, and #1 was peer to peer software.  We even said that the installation would terminate our software warranty.

But people still did it.  And they would still bring them in, often times claiming that we never told them about that.  Even though we had multiple news articles posted in the shop wanring of both the dangers, and the ever increasing judgements against people that did it.

Finally one of our customers was popped.  He came in screaming that we had put the program on his system (Kazaa), and that he was going to sue us over the $50k bill some RIAA lawyer sent him.  Luckily we had a policy at the time of holding a customer's backup data when we did a reload for 3 months.  I went back and looked at the reload we did 2 months ago for him (virus infection), and sure enough, he had Kazaa and Limewire both installed.  He stormed out the door and we never heard from him again.  ;D

For some reason, the lure of getting something for nothing is just to strong to resist.  And I laugh every time they get busted.

And I laugh out loud when people say the music companies charge to much for CDs.  Because the opposite is actually the truth.

When the CD first hit the market (1983), the MSRP was $21.50.  By 1993, it had fallen to $13.20.  And by 2006, it was $14.90.  When you factor in inflation, it is not hard to see that the price has actually decreased every year.  Especially compared to the price of the old 33 1/3 album.  In 1967 the MSRP for an album was $3.70.  That equaled $23.25 in 2006 currency.

But people will continue to steal movies and music from the internet.  And they will continue to get caught, because they all think they will not be the ones.

And I will laugh as they get huge arsed fines.  I guess they feel the anonymity of the internet makes it safe.  But to me, it is no different then they went into Tower Records or Blockbuster and stole it themselves.

Subject: Re: $2,000,000 Music Copyright Award - Horse Feathers

Written By: Red Ant on 06/22/09 at 11:50 pm


But to me, it is no different then they went into Tower Records or Blockbuster and stole it themselves.


Please site me another case where stealing two albums, tapes, or CDs' worth of songs (or anything else that has a retail value of ~$30) resulted in a near two million dollar fine. This woman was punished to set a precedent, to be made an example of, and not because of her crimes.

"For some reason, the lure of getting something for nothing is just to strong to resist": interesting, seeing as how this is a free messageboard that has no ads. Do you give back to the site by editing or moderating any of the numerous sections that really need editors? Do you donate anything to ChuckyG to help cover his hosting costs for the site? No. So you are getting something (a forum in which to post) for nothing (no money or commitment to help out, nor are you innundated with crap ads). Now that I've pointed this out, are you going to stop posting here or pick up some editing duties? I hope you continue posting, but I doubt you'll do any editing duties. I'm laughing because you have just been busted, and you say it's okay to do that.

I'm not trying to bust your chops, Mushroom, just make an example of you, in a far less painful way than was made of that woman.

CD prices have been kept lower than inflation because CDs are much cheaper, easier, and faster to make than tapes or vinyl records. Disregarding that for a moment, using your inflation rates for a 1967 album released on CD today (~$25), I would pay that much for a worthwhile CD. Music today, heck, it's unlikely that more than two tracks are worth listening to more than once, so I'll spend $1.29 for each at iTunes.

There's also the fact (with me anyway) that had I not downloaded some musician's songs for free, I wouldn't have bought their CDs. So yes, they lost out when I d/l the song, but got a small portion of my money when I bought the entire CD.

What happens when I d/l items that are not for sale by the copyright holder? Most of what I have (the little that it is) as far as pirated stuff is NOT for sale. Do you think if I sent BMG or the RIAA a check for $1.29 and a letter attached saying "You guys didn't have for sale, so I d/led it from a P2P site illegally. Here's a $1.29. Have a nice day." that they'd be okay with that?

I also realize, from a legal standpoint, that you are correct, and that this woman's fine could have gone as high as $150,000 per song. From a common sense standpoint, their is much fail in the 12 jurors from Minnesota who came up with $80k per song damages (unless it was proven that she had an average of 80k downloads for each song, in which case I would retract most everything I've said here  ;)).

Ant

Subject: Re: $2,000,000 Music Copyright Award - Horse Feathers

Written By: LyricBoy on 06/23/09 at 7:38 am


Please site me another case where stealing two albums, tapes, or CDs' worth of songs (or anything else that has a retail value of ~$30) resulted in a near two million dollar fine. This woman was punished to set a precedent, to be made an example of, and not because of her crimes.

Ant


I am not sure, but I think maybe the case involves her making her files accessible to Kazaa and thus being a "distributor of pirated property" in addition to simply downloading them.  If that is the case then the penalty certainly would be higher than simply the cost of an album.

Thomas claims that she already owned this music on CD's, consistent with her "I didn't do it it musta been the kids" defense.

See link to a FAQ on the case: http://copyrightsandcampaigns.blogspot.com/2009/06/jammie-thomas-re-trial-frequently-asked.html

Subject: Re: $2,000,000 Music Copyright Award - Horse Feathers

Written By: MaxwellSmart on 06/23/09 at 9:37 pm

There are too many creeps out there for me to trust P2P.  I've probably boosted as much music as anybody here, just not off the 'net. 

These giant lawsuits the defendants have no chance of paying off are just scare tactics.  The recording industry is fighting a losing battle.  BUT...they've had the last laugh...98% of music on P2P isn't worth listening t!
::)

Subject: Re: $2,000,000 Music Copyright Award - Horse Feathers

Written By: Foo Bar on 06/23/09 at 10:58 pm


And I will laugh as they get huge arsed fines.  I guess they feel the anonymity of the internet makes it safe.  But to me, it is no different then they went into Tower Records or Blockbuster and stole it themselves.


Rather than trot out "Dude, if I steal your CD, you no longer have a CD, but if I copy the music off your CD, we can both listen to the music", versus "Dude, if you copy my CD, you won't want to buy a copy from the store" argument, I'll take us all straight to the meta-argument:

Lawyer:  "You can copy the green bits, but you can't copy the red bits."
CompSci: "Bits don't have color.  Just zeroes and ones.  If they had color, they'd immediately cease to be bits."
Lawyer:  "WTF?  Congress says right here in this law book that you can't copy red bits.  Program your silly computer to copy only the green bits!"
CompSci:  "WTF?  Computers don't work that way!  Change your silly law to take into account the fact that bits don't have color!"
Lawyer:  "How can that be?  Throughout the history of my profession, bits have had color as surely as your programs have programmers!"
CompSci:  "How?  Throughout the history of my profession, bits have not had colors, as surely as I've flipped ones to zeroes!"
Lawyer:  "You mean we're both right?" *head explodes*
CompSci:  "...and wrong, simultaneously?" *head explodes*

What Color Are Your Bits?

Subject: Re: $2,000,000 Music Copyright Award - Horse Feathers

Written By: LyricBoy on 06/24/09 at 8:17 am


There are too many creeps out there for me to trust P2P.  I've probably boosted as much music as anybody here, just not off the 'net. 

These giant lawsuits the defendants have no chance of paying off are just scare tactics.  The recording industry is fighting a losing battle.  BUT...they've had the last laugh...98% of music on P2P isn't worth listening t!
::)


The odd thing in this case is that the plaintiffs did not ask for the $2MM.  They were happy with the~$200k award that the prior jury had returned.

My guess is that the defendant made completely outrageous and incredible claims, and PO'd the jury, thus the absurdly-high judgement.

I know a guy who was once on a jury for a three-time-loser in Texas who was caught boosting some stuff, normally it would be considered small potatos.  But the perp launched a defense so offensive, so ridiculous, basically blaming and defaming the victim, that the jury threw the guy in the slammer for 30 years (which was their perview at the time since he was a 3-time loser).

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