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seaeagle
Joined: Aug 31, 2004
Posts: 5743
Location: Sydney, Australia
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 Posted: Fri Oct 05, 2007 3:02 am Post subject: Woman fined $US220,000 for sharing 24 songs |
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Fined $US220,000 for sharing 24 songs - Technology - smh.com.au
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In the first US trial to challenge the illegal downloading of music on the internet, a single mother from Minnesota was ordered to pay $US220,000 ($247,549) for sharing 24 songs online.
Jammie Thomas, 30, was the first among more than 26,000 people sued by the world's most powerful recording companies to refuse a settlement after being slapped with a lawsuit by the Recording Industry of America and six major music labels.
She turned down an offer to pay a few thousand dollars in fines and instead took the case to court. (continues) |
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Thomas, an employee of the Mille Lacs Band of Ojibwe, an Indian tribe, was ordered to pay a $US9250 ($10,400) fine for each of 24 shared songs cited in the case, including Godsmack's Spiral, Destiny's Child's Bills, Bills, Bills and Sara McLachlan's Building a Mystery.
It could have been a lot worse.
The fine could have reached $US150,000 ($168,700) a song if the jury had found "willful" copyright infringement.
Had the record companies sued her for all 1702 songs found in the online folder the fine could have run in the millions. |
I guess that's a fairly strong warning for anyone who does want to take the risk of illegally sharing copyrighted music over the Internet. |
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BudDurland
Joined: Dec 05, 2002
Posts: 415
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| Posted: Sat Oct 06, 2007 10:28 am Post subject: |
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| I agree with the ruling, though I think the penalty is a bit stiff. I'm distrustful of big business, so I'm going to watch to see if the RIAA and their ilk start to feel emboldened and push harder. Where is the line between legal and illegal sharing? My DLink NAS here at home will act as an iTunes server. I can put music on it, and my whole family can listen. To me, this is perfectly fine & within copyright -- after all, I don';t buy a CD, then tell my kids I'm the only one who can listen to it. If I take that same device to work and allow anyone there to connect, I feel that I'm crossing a line, but how is it defined in legal terms?
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clhenry
Joined: Feb 13, 2003
Posts: 9037
Location: West by god Virginia
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| Posted: Mon Oct 08, 2007 6:00 pm Post subject: |
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Click
Thomas to appeal RIAA's $222,000 file-sharing verdict
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In an appearance on CNN along with her attorney Brian Toder, Jammie Thomas announced her decision to appeal last week's $222,000 willful copyright infringement verdict. The basis of her appeal will be jury instruction no. 15, which told the jurors that they could find Thomas liable for copyright infringement if she made the recordings available over a file-sharing network, "regardless of whether actual distribution has been shown."
The "making available" argument is a contentious one. As we noted last night in "How the RIAA tasted victory," judges have gone both ways on this issue. The question of whether making a file available over a P2P network falls under the category of distribution as defined by the Copyright Act is by no means settled in the eyes of the law.
During the hearing over the jury instructions, the RIAA cited a number of cases in which a judge had ruled that making a file available constituted distribution. In one such case, Atlantic v. Howell, the judge has since reversed his decision. Copyright attorney Ray Beckerman reported late last week that Judge Neil V. Wake overturned his earlier granting of a summary judgment, in which he had followed the RIAA's interpretation of the making available argument. |
The RIAA seems to think if you have music on your pudder, your guilty of sharing. I've never seen a computer yet that didn't have music on it. So i guess everybody is guilty. Where do we send the checks.
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zlim
Joined: Mar 11, 2005
Posts: 2378
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| Posted: Mon Oct 08, 2007 11:25 pm Post subject: |
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| ...if you have music on your pudder |
clhenry, you didn't read the entire story. It wasn't music on her computer that was questioned. She had 1702 songs online for Kazaa sharing.
I can't feel too much sympathy for anyone who posts thousands of songs online in a P2P program then pleads innocence. Anyone who uses a P2P program, knows exactly what they are doing and the risk involved.
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| 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. |
It's one thing to download a few songs to listen to; it's quite a different matter to download over a thousand songs and invite the world to take them. |
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clhenry
Joined: Feb 13, 2003
Posts: 9037
Location: West by god Virginia
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| Posted: Tue Oct 09, 2007 4:55 pm Post subject: |
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| clhenry, you didn't read the entire story. It wasn't music on her computer that was questioned. She had 1702 songs online for Kazaa sharing. |
I was talking about all the different cases. There are many out there being sued for the songs on their computers. Kazaa and lime wire, can also be used for legal transfers. I'm on the road a lot repairing computers and i never know what i need. I keep a file set up with programs i use, so if i need one, i can go to it and get it. Kaza and limewire has a habit of scanning my computer and adding music files to the files i use. I am constantly removing music files from it. So should i be sued, or should kazaa and limewire be made to stop there program from doing this? What about all these people that are not computer savy and do not realize that this happens??
I have come across many people who have limewire on the computers and don't even know what it is. There are a lot of programs out there that you can download, and it will put limeware on your computer if you don't know what your doing. It these same people have music on their computer to listen to, they are automatically sent to a limewire file for sharing. They are not trying to steal or share music. They just don't have a clue. and the RIAA is going after these people. And to me that is wrong. |
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User: inactive
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| Posted: Wed Oct 10, 2007 9:18 am Post subject: [Login to view extended thread Info.] |
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That just makes me want to scream, "Wake up people!!!! Manage your computer, don't let it manage you! "
That's like saying that you don't know that public enemy #1 is living in your basement or garage.
That ranges from "Incredible" to "Ridiculous!"
Or like the guy that says he doesn't know that he has Child Porn on his PC.
C'mon! Jury's won't believe that and neither will I. 
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