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Comments on: RIAA wins key victory; accused file sharer must pay $220,000

Federal jury orders woman to pay $9,250 for each song she shared online. EFF says copyright attorneys already lining up to help should there be an appeal.

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99¢ seems like a pretty good deal now.
by hal Summers October 4, 2007 9:39 PM PDT
This is a simple of case of American "justice" run amok. Does
anyone believe these songs are worth almost $10,000 per user?
This is clearly a message judgment and the while the RIAA has
very little chance of collecting anything, it will put a scare into
file traders.

Look for iTunes to pass Best Buy as the number two music
retailer pretty soon now..
Reply to this comment
Nah
by Sparky650 October 5, 2007 7:41 PM PDT
I really don't care about spending .99 for compressed files when formats change (become obsolete) etc.
I do what I have done for 15 years and this is to buy the cd used for 1.00-5.00 from Pawn Shops in the area or online. I haven't paid over 5.00 for a cd in all these years. I may have to wait an extra month or two for someone to tire of their cd but it's worth it in the savings.
The only exception to this is minor/indie artists. I pass the money to them willingly.
Greed will Kill America
by kojacked October 4, 2007 10:23 PM PDT
What is America going to be left with in the next 10, 20 years? No manufacturing. No technical jobs. We're a service economy with no one able to afford the service.

It's all about greed. Pump & dump stocks. Greedy executives. The RIAA. The divide between the rich & poor growing every year. I'm sure it's because we're all so lazy here in America (not!). Land of the free, home of the brave? What happend to that? Now it's land of the take-as-much-as-you-can-as-quickly-as-you can. Television teaching our kids that fame and wealth are what's important in life; and it's looks so easy to take!

We need to wake up here in America and fire our beaurocrats, change these laws that allow businesses to pilfer our pockets for something that cost them two cents to make in China while paying us just enough to get by. Where is all of the cost savings going to make that product? Back in our salaries? Lowering the price of the product? Hell no; it's back in the pockets of the richest 1% of our nation.

A wealthy man is a like a fisherman with a big net. He can scoop up more fish that the guy with the little net. What does he do with all the fish? He sells them of course and buys a bigger net with the profits (built overseas of course). With that bigger net he catches even more fish. The little guy just can't keep up. Then the wealthy man moves his company (and it's big bank account to Dubai). The wealth man needs to pay for his right to use such a big net and have such a greater opportunity to catch more fish over the little guy. And that's about the time when George Bush says he's giving them a tax temporary tax break for the economy (which he lied about being temporary and makes permanent).

Get it while you can because just like the oil in the Middle East it's gonna run out sooner than you think...
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Good post and quite true.
by TomboSlicko October 5, 2007 6:01 AM PDT
Some things you missed are that the guys with the big net cannot move their boat fast enough to the hot spots where the smaller more agile fisherman can and sometimes the smaller guys do fine by working harder and smarter. For the most part, I do agree with your statement although it is a little narrow minded.

Here is the real question. What do we do about it to fix it? I dont like giving up. I think it is time to change things and not just sit by and watch these big nets take our fish.
Agree
by phade3 October 6, 2007 5:32 AM PDT
Greed for the past 25 years or so has been the root of evil in America. When CEO's can pocket upwards of $20 million in salary and bonuses while the hourly worker can barely get by, something is wrong with that.

In the not so distant future with the current state of America's employment picture, the have nots will tire of the haves and we'll be faced with anarchy in the U.S. !
Agreed.
by bronx69 October 4, 2007 10:45 PM PDT
I have been boycotting for years.

Its not about free music, its about the tactics the RIAA and other
like them use. They hacked her PC & tracked her movements. Its
clearly illegal. wake up people they are not the law & they
should be punished.

Don't buy or download any illegal music or go to the movies for
6 months and they will feel it. Or if you're smart. Don't share
Music! its you who share who are getting prosecuted. unless
you know how to not share don't even use P2P because you are
going to get caught! it does not take much. more than likely
just coming in this room will get you scanned and if you were
sharing music when you came in guess what? you just got
caught.
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Treble Damages would be normal, 9000x is illegal
by exprexxo October 4, 2007 10:49 PM PDT
RIAA does not need the money, the damages should go to a fund for gift certs to amazon mp3s for low income listeners....
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Come on people...
by Dr. StrangeOne October 5, 2007 1:12 AM PDT
We all know juries no longer decide cases. A panel of judges will either throw the case out or reduce the judgment fines to pennies on the dollar.
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Potted Plant Jury
by romanom October 5, 2007 2:45 AM PDT
The jury system needs to be fixed...is seems to me like another case of the 'potted plant jury' which is what you get when you allow the lawyers to have such say in who gets picked. Jurors should be random and screened by the court (Judge) not the lawyers. Very good law teams can manipulate the process to choose jurors psychologically disposed to one side (OJ case).

She should appeal, the very concept that one is guilty or any action (even in a civil case) where it has not been shown they had any real connection is ridiculous and asinine.

This is very analogous to speeding cameras, can you give someone a speeding ticket with out proving he/she was actually the driver? Some states say yes, some say no, the Supreme Court usually says no. Hopefully this will get that far, otherwise the precedent becomes guilt by association.

Imagine if your car is stolen, then used in a crime and you have to pay the victims because it was your car. "We don't care, you should have had a better alarm system."

Bad precedent, bad news...greed and law always are!
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Penny wise, pound foolish
by Worf101 October 5, 2007 4:40 AM PDT
This is a pyrhhric (sp) victory for the RIAA at best. Yeah they hang some poor woman out to dry, get back one millionth of the billions they're hemmoraging daily and look like the money grubbing villians they are. In typical "lets shove the toothpaste back in the bottle logic" they go after college students and housewives cause they're easier to get.

Instead of wasting our time and their own mnney on show trials thate are not going to stop kids from ripping and running anymore than "Just Say No" stops them from doing drugs, the record company's could do the following:

1. Wake up and smell the coffee. Offer a sliding scale wherein you pay top dollar for new material and 10 to 25 cents per song for older songs. Make it universal so everyone gets a piece including the artists.

2. Stop trying to scare people into not trying to get something for nothing. It just doesn't work.

3. Bring salary and staffing in-line with the modern realities of music. You can't afford greasy non-instrument playing middle management anymore, cut costs and CEO Salaries.

4. Stop beating up on students and housewives and go after the real deal, China and India. You look like punks beating up on American women and children who are slipping peanuts out the front door while asia steals everything under the sun out the back door. You look like idiots.

Dave Macks
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Very well said!
by bikerinpa October 5, 2007 8:06 AM PDT
China accounts for 80%-90% of all piracy and burns millions of pirated CD's each year, and they go after American workers sharing a few songs. Make her pay treble damages. Heck, make it twice that. But six figures? Unbelievably stupid and not proportional in the least, especially when China is flouting WTO rules which it has said it will abide by.


Why isn't the RIAA taking on China? Because American workers are much easier targets.

Screw the RIAA.
NOT Very well said!
by TruSpeak October 6, 2007 2:00 PM PDT
"1. Wake up and smell the coffee. Offer a sliding scale wherein you pay top dollar for new material and 10 to 25 cents per song for older songs. Make it universal so everyone gets a piece including the artists."

Do you seriously think that people will pay top dollars or even 25 cents for any music when they can get it for free on one of these file sharing sites?

"2. Stop trying to scare people into not trying to get something for nothing. It just doesn't work."

You just made my point above. You can't have both 1 and 2.

"3. Bring salary and staffing in-line with the modern realities of music. You can't afford greasy non-instrument playing middle management anymore, cut costs and CEO Salaries."

I know for a fact that most Music Labels have reduce their staffs by %50 or more since the file sharing trend began. I have friends who are Audio Recording Engineers and Programmers who have been laid off due to the current music market. No level of reduction is enough as long as there is no revenue coming in because people can get your products for free on the internet.

"4. Stop beating up on students and housewives and go after the real deal, China and India. You look like punks beating up on American women and children who are slipping peanuts out the front door while asia steals everything under the sun out the back door."

How do you know they are not going after the big fish in China and India? At every trade talks between the US and China, the US Trade officials have been pressuring China and other coutries to clamp down on their illegal factories. There's not much more we can do sort of going to war with them. I don't think that's an option in anyone's mind. The RIAA is also not "beating up on students and housewives". If you weren't file sharing, they would have no reason to go after you. If they catch you, the first thing they offer is a settlement. This lady decide to take her chance in court and now everyone is blaming the RIAA for being the bad guy??? The RIAA did not ask for any damage amount. Apparently the jury in Minnesota felt that file sharing is wrong and they set the amount to $220,000 to send a message to would be file sharers that there is a big price to pay if you get caught.

If you don't agree with the RIAA tactics, you can simply boycott their products. Stop buying or listening to musics. Tell all your friends to do the same if you want. Don't do something wrong just to get back at the RIAA. My parents have always taught me: "two wrongs don't make a right".
Who are the real Pirates?
by QuentinCromwell October 5, 2007 4:50 AM PDT
I have grown tired of hearing the fat cats at the recording companies crying about people stealing their hard earned product. When in reality they are the biggest pirates, they steal songs from song writers every day and still have the nerve to complain about theft.
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Is news.com owned by the RIAA?
by WallyEG October 5, 2007 5:37 AM PDT
This story appears incredibly unbalanced and lopsided. Does RIAA spend a lot to advertise on news.com? Or perhaps they own you? I am accustomed to much better coverage on CNET sites.
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The Point Is
by Mcvooty October 5, 2007 5:46 AM PDT
She was wrong. She shouldn't have shared, or knowingly permitted someone, to share music on her computer. The copyright statute provides for damages of (a) $750 to 30,000 per infringement, in the discretion of the judge; or alternatively (b) the plaintiff's actual proven damages. The choice of (a) or (b) is the plaintiff's. Jamie knew this because her attorneys would have told her the worst case risk. She took the chance. It's no fault be her own.
Whether the music isn't worth the price, or the music industry's business model is no longer working, or she was singled out, or the penalty didn't fit the crime, is interesting but irrelevant to Jamie's conduct.
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You think her kids will be going to college?
by PortVista-19095313035016904102 October 5, 2007 6:24 AM PDT
Single mom of two loses a file sharing lawsuit and is ordered to pay $220,000. You think her kids will be going to college? Makes me want to never buy another CD or MP3 ever again.
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she had only made files avaiable, WHAT
by bus October 5, 2007 6:45 AM PDT
"Jurors ruled against Thomas based on the fact that she had only made files available."

Dose this mean if I lose my Ipod and someone uses it to share files with I'm at fault?

Dose this mean if I lose my copyrighted music CDs and someone uses them to share files with I'm at fault?

I believe the jury was mad at her for letting some one in her house break the law. Another case of prosecute the convenient found party and not the guilty. :(
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Making files available is the violation
by sanenazok October 5, 2007 7:08 AM PDT
Jurors have to decide if someone made files available since that's the violation. I don't think there's been a case yet where someone was prosecuted for only DOWNLOADING as opposed to making files available for others to download. Whether anyone takes her up on her offer is a different matter.

As your theoretically lost iPod is concerned, it doesn't matter whose music is being shared, it matters on whose computer the sharing occurs. So should the thief be caught sharing music from a stolen iPod it wouldn't matter where he got the iPod from - the thief would be guilty since she made the music available to others just like the housewife in the story.
RIAA's upside down world
by rdupuy11 October 5, 2007 6:58 AM PDT
I thought that was classic, the people suing for $220,000 are the one's helping the woman, and the one's defending her, are the bad guys.

Chris will never have the reputation of EFF, because he spend his life seeing how much money he can get away with taking from other people, whereas the EFF spends its time making society a better place.

Chris thinks the latest statement can always explain the ones before them...but mere bluster isn't going to change reputations here, the EFF is well respected, because they do the work to earn that respect, year after year.
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For real, horrible analogy
by dcsonka October 5, 2007 7:02 AM PDT
You don't implicitly agree to a licensing agreement when you purchase a car that says you can't re-sell it to somebody else later on.

However, you do when you purchase music.
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RIAA wins? maybe for now . . .
by the_piano_man October 5, 2007 7:03 AM PDT
There are some questions that beg answering here: What does the word "pirate" actually mean? Did the woman post music that she "downloaded" from somewhere else? Did she post music from cd's that she bought? Did she advertise that the music was her own? Would people have purchased the music if they had not downloaded it? Did she just have the music on her computer and someone else found it? Posting others music without their permission is not an ethical thing to do; however ultimately, the RIAA will be the big loser here. Who wants to do business with a company that will take you to court at the drop of a hat? SCO tried it and now they are bankrupt. This is just another way for some big company to make money at the expense of an average person. What about the artists that created that music? If any one gets the money it should be them. These people at the RIAA and their corrupt lawyers are living in the 50's. The internet now empowers individual artists - they can put a "sound bite" of their music on the net for everyone to download and listen to for free and then the listeners can decide if they want to buy a cd. This enables the individual artist to do as they please. If someone is stupid enough to post a music cd then the individual artist gets to decide what they want to do - and if there are damages to be collected the artist (and their lawyer) is/are in control of the restitution. The days of the "middle-man" are over. Got it? Technology has now made it possible for artists to actually own and publish their work under their own terms. This makes the internet and its use a threat to mega-media corporations. This lawsuit is part of a strategy to scare people out of using the net to publish or listen to music - anyone with half a brain can see right through this RIAA crap.
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RIAA has already lost (they just don't know it)
by spevman October 5, 2007 8:26 AM PDT
The ironic thing, actually, is that in the course of this trial, an RIAA lawyer being questioned revealed that all this legal action they've been persuing for the last ten or so odd years has actually cost the RIAA and the recording industry money well over and above any damages recovered through lawsuits or settlements.

So, not only are they biting the hand that feeds them, they're biting their own hands as well. Sounds like cutting your nose to spite your face. IDIOTS!!
Never Bite the Hand that Feeds You.
by Renegade Knight October 5, 2007 7:13 AM PDT
I've been a BMG music club member for years. I've purchased hundreds of CD's from them.

Time to drop the membership.
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God bless RADIOHEAD
by SeizeCTRL October 5, 2007 8:02 AM PDT
Radiohead, the band I consider to be the best in the world is going off the beaten path and releasing their next album, In Rainbows on the web in MP3 and you can pay what you want for it. That means you can download it FOR FREE, you can pay $100 for it what ever you see is fair.

Even if you do not like their music, you have to respect a band that is showing that they are NOT greedy drug induced ******. This is about the music and for the fans. Bands like Radiohead and Coldplay who prove album after album that every track is a great track, I will definitely BUY the CD. There's so much crap music being pushed out that it's no wonder the music industry sucks so bad right now. I am so sick or pre-manufactured pop, the same old ghetto gangsta hip hop and rip off alternative...

All I can say is I hope more bands follow Radiohead's lead and give the proverbial finger to the record companies.
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Everyone should send her $1
by Dachi October 5, 2007 8:24 AM PDT
I read this somewhere elese and thought it would be a good idea.
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Message to RIAA
by QuentinCromwell October 5, 2007 9:17 AM PDT
It would be a great idea if we had an address.
It would send a message to RIAA from the people.
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Tired of the rationalizing
by gearpig October 5, 2007 8:27 AM PDT
The comments here are indicative of how so many can rationalize stealing music. As a former manager of record stores (9 years), I know how piracy hurts legitimate businesses. Anyone notice how many record stores are gone now? Most of them. Why? File sharing and greed on the part of the labels. Sure, the labels screwed everyone to make a buck, including the retailers. But who owns the music? The songwriters. When you steal by file sharing, you're stealing from the song writers. Excuses, rationalizing, and hating the labels doesn't change this. Songwriters work just like everyone else. It's called creativity. Thinking that music should be free and stealing it online hurts the creative process. These statements are beyond argument. They are facts. That means any argument against them is crap. So, stop the whining about not being able to steal music online and pay for what you get. And btw, a car and music are not the same thing, so you cannot logically compare them. So whiners, do a reality check and try to think in a logical manner, and give the people who create the music you like their fare share.
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Don't steal, and don't buy
by Neo Con October 5, 2007 8:58 AM PDT
I agree with this post. Stealing is wrong.

Also, I'm not going to pay ludicrous amounts for "creativity" that produces the same old crap over and over again. It seems to me, from the continuously dropping album sales, that most of you aren't going to pay for it either.

Good songwriters will get whatever they're worth. And bad writers will, too. Thank goodness we're finally seeing some free market forces working successfully on the music industry to curb the exhorbitant incomes of unimportant, untalented entertainers.
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If only it were that easy.
by QuentinCromwell October 5, 2007 9:12 AM PDT
You must represent RIAA to be so callous to the plight of song writers. They keep on writing because they are talented and they love to do it, the big shots get and keep all the money.
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Stealing songs
by prsings October 5, 2007 9:29 AM PDT
The point about the songwriters, artists and publishers is real. A songwriter is paid according to how many copies of their songs are sold and played over the airwaves, in jukeboxes and performed by others. What if you worked in a clock factory and were paid by how many clocks were sold and people were shoplifting the clocks. You could do a weeks work and at the end the employer said " Sorry, someone stole all the clocks you made, so you won't be paid this week."? I'm sure your family would understand why they aren't eating this week. With files so readily available for cheap purchase, often for less than a dollar, why steal the food from someone else's mouth?
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Question for you...
by SeizeCTRL October 5, 2007 1:22 PM PDT
How much did you charge for a CD?

What happened 9 years ago? That's about the time of the whole dot com bubble bursting... followed by a recession... followed by 9/11. I'm not an expert in micro-economics by any means, but I am fairly certain there were a lot of other factors involved in declining music sales during that time.

And let's be realistic for a minute, the majority of music in the last 10 - 15 years has sucked ass. People are getting tired of $20 for a CD with one or two good songs. Heaven forbid we have a consumer who thinks for a change.

I'm not whining about stealing music, but gone are the days when I will blindly buy a CD on a whim. There's still bands I will always buy like Radiohead, Coldplay, Ben Folds etc... going out and buying something like American Hi Five or Alien Ant Farm because I heard one song I liked on the radio only to find out that the CD over all sucked... why waste my money ya know?

When CDs become reasonably priced, then piracy will go down and sales will go up. When the RIAA stops suing people forcing this little war against the consumers... people might be more willing to buy music. I know this part will be hard to understand, but when the music industry learns that the old way of doing business doesn't bode so well in the digital age and they change their whole model and attitude, they might just be surprised at how much music they will actually sell.

$20 for a CD versus FREE that's a no brainer for the poor, middle class and those in college. $5-10 for a CD seems a lot more in lines with reality.
buggy whip, sealing wax
by gggg sssss October 5, 2007 3:26 PM PDT
that is like saying car manufacturers are stealing from buggy whip stores. Glue makers are stealing from sealing wax resellers. CD Retail stores are obsolete. Get over it. Get a job that is still relevant.

And she / they did not steal a CD. They stole a file that, if played on the right kind of equipment might sound like a song.
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Score: Scum Suckers1; We The People 0
by dahnb October 5, 2007 8:52 AM PDT
Convicted by a jury of her peer-to-peers????
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