Version: 2008

Comments on: Why the RIAA should have won (though the fine was too high)

Record labels should have won case against Minnesota woman who was probably sharing copyrighted music on Kazaa. The problem is the $220,000 penalty.

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riaa/jury/penalty
by hapticz October 6, 2007 12:32 PM PDT
jury ignorant of reasonable damages, riaa guilty of using cement shoes, penalty now allows me to place all my cds in a rack in front of my home for ALL to copy, i dont care if they return them either. the minnesota judge and lawyers need to get a real job.
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Geminate
by Geminate October 6, 2007 1:07 PM PDT
Music and entertainment, a commodity, deserves to be protected and all those that produce an entertainment product deserve to make a profit.

In this case nothing was being sold illegally, there was no profit scheme. Copyrighted music was being given away for free. While this is illegal and unfair to those who created this product, it should be kept in a sane perspective. I believe the penalty for first-time abusers should be simply a $10,000.00 USD fine. If they are caught again, then a 100K fine is the limit. If this individual is for a third time caught breaking the law, then there should be a 500K fine and should be considered a felony with at least 3 years prison time.

All of you who work for a living expect to be paid. You wouldn't like it someone else cashed your paycheck every month, making all of your hours spent working of no value to you. Would you keep on working knowing that you will not be paid and someone else will receive all of your profits? People who produce entertainment deserve to be paid in full, every penny. Do you not also expect to be paid in full with each paycheck, every penny? Would you like it if someone stole a portion of your paycheck every month, or even took off with the whole thing?

Stop being a bunch of selfish morons. Everyone deserves to be paid in full, including you. If you are jealous of the wealth of performers, well then become a performer and find out what a hard life it actually is - especially when you don't get paid.
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........
by rljohnson1 October 6, 2007 1:29 PM PDT
None of this money ever see's the Artists hands. Its simply kept in the RIAA's control to continue their vitual fight for real money. Lets see here, down loaders are generally cheap people or people that cant afford what their downloading. Either way its highly unlikely they will ever buy what they downloaded, regardless if they could download it or not. I think the selfish morons consist of the RIAA, not the people their taking to court.
Don't blame the RIAA
by thinkfast4 October 6, 2007 1:17 PM PDT
Last time I checked, ignorance of the law is still no defense.

This woman had to be living under a rock not to know that sharing copyrighted music through Kazaa is a no-no and was likely to hit her hard in the pocket. It's clear that the punishment does not fit the crime in this instance. A $222,000 fine is ridiculous. That being said, it's also clear that copyright laws have gotten out of hand. They've gotten out of hand because so many people have abused the system.

Round and round it goes. Where it stops, only the lawyers know.
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Shut down the RIAA
by dbsnider October 6, 2007 3:35 PM PDT
Perhaps the RIAA has set a precedent that running such software is punishable, but if you stop and think about it, the illegal copying only occurs when someone without permission to have a copy of the material in question actually downloads the file, and then it is the downloader who is making the illegal copy, not the host.

It should not be illegal for me to run a piece of software which makes files on my computer accessible to others, in much the same was as it is not illegal to leave your doors unlocked, or for libraries to allow people to borrow their books.

Copyright law is supposed to regulate the right to make copies. Hence is the downloader who is making the copy, and if anyone is to be prosecuted, it is them.

The only abuse of the system is coming from the RIAA.
And the RIAA is killing the music industry
by jdawgnoonan October 7, 2007 9:24 AM PDT
The record companies are going to lose control of the artists as the
artists begin to shun the industry that destroys their fans.
Radiohead is the first major band to do this but others will follow.
Circumscribed and Lambasted
by vampares October 6, 2007 2:07 PM PDT
I would like to see the RIAA prove that they have
made the music available to everyone without
hindering fair distribution.

Hindering distribution is a violation of my First
Amendment rights to free speech and violating
listeners rights to listen is an unwelcome
censorship. Has the RIAA dealt fairly with every
producer of music regardless of his or her race,
religion and political views?

I think we all know the answer to that question.
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So cnet drops the Quality Content, adds some love for RIAA?
by dangerousns October 6, 2007 2:41 PM PDT
CNET is going down the tubes. Know your audience.

RIAA sucks.
http://gizmodo.com/gadgets/home-entertainment/putting-our-money-where-our-mouths-are-boycott-the-riaa-in-march-239281.php
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Little Lemmings
by Quijibo October 6, 2007 2:58 PM PDT
Like little lemmings, we (you) keep marching along, following your idols and their lawyers to whatever destiny they think appropriate for your feeble existance.
Funny, they don't prosecute the largest (and oldest) distributer of copywrited material, your local library.
Big Bro would have none of that...
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RIAA won the battle, but will lose the war
by International Klein Blue October 6, 2007 3:16 PM PDT
Oh, the RIAA and its ilk (the MPAA, etc.) Run by a bunch of dinosaurs (read out of touch baby boomers holding firm to an antiquated business model). No matter how hard they try, they can't stop unsanctioned file sharing ("piracy" is a completely overstated, inaccurate term). They can sue June Clever (sp?), Al Bundy and Bart Simpson till their lawyers run wildly through the streets, intoxicated by the ridiculous spoils of litigation, but they will not stop the Gen-Xers and Gen-Ys from sharing copyrighted content because Xers and Ys do not perceive digital reproduction and distribution as theft. Theft, according to these groups, is when a multi-billion dollar corporation sells them crap (see 95% of the movies released in the last 10 years for reference) for hard-earned dollars. Theft, according to these groups, is when a record company overcharges for CDs and hardly pays the artists their just desserts. What these idiotic organizations require is a new business model, one that "leverages" (in silly business terminology) new technology and new forms of entertainment and distribution.
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Baby Boomers may help here
by Caged Nitro October 6, 2007 6:39 PM PDT
Hey, I am a Baby Boomer and I have watch helplessly as our reprentatives have sold us down the river. Us being the tax paying voting consumers. Many or us BBoomers are rapidly getting in touch.
1. More time since retired.
2. Politician's voting readily available in the internet.
3. Sick unto death of being sold out.
We need to stick together. If we play this right we can win.
How it should really be...
by dbsnider October 6, 2007 3:21 PM PDT
Even if this woman allowed copyrighted material to be shared, her fine should have been relative to the true damages...

Since she did not cause any true damages, there should have been no fine or penalty awarded.

So what if other people downloaded the songs. Those are not true damages. It is truly no different from hearing those songs on the radio.

If anything, the RIAA should go after each individual downloader, and only be allowed to fine each one the actual retail value of the song(s) they downloaded (i.e. what you would pay from a music downloading service).

The RIAA should not have won. These laws are tyrannical, and are not in line with the spirit of the law, which is to protect authors from being plagiarized.

The law was not intended to enable conglomerates to take gross advantage of the public.
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Boycott
by EthanQ October 6, 2007 6:02 PM PDT
The answer to fighting the unreasonableness of RIAA is to stop buying music.

Personally, I think the whole system of buying music is broken. There are thousands of artists whose material is so old and obscure, that you shouldn't have to pay a premium price for. On the other hand, swapping Madonna for free isn't right either.

Somewhere there ought to be a comprise. But if people think that strongly about something, the most proven trick that works is boycott.
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RIAA and our Representatives
by Caged Nitro October 6, 2007 6:32 PM PDT
Now more than ever 'Joe Sixpack' is less represented in Washington than ever before.
These pathetic Politicians (Politician is now a dirty word) do not give a hairy Rat's behind about their constituents. They pander to the deep pockets of Corporations. Witness the abysmal approval ratings.
Time is now to find out what Nimrods are responsible for this and watch upcoming legislation then scream.
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Which Nimrods, indeed
by Merkwurdigliebe October 6, 2007 11:14 PM PDT
You are addressing them. They would be us.

The very same people that can't seem to figure out how 250,000,000 citizens could possibly thwart the evil plans of 1000 or so plutocrats.

(B-O-Y-C-O-T-T ?)

We don't NEED what they are selling. Go to your local library, read a book, learn something.

Hell, learn to MAKE music.

Turn off the tube, the radio, and even (gasp), the iPod.

Or we could just sit here and whine. God forbid we should take any action to oppose injustice.

What would the neighbors think?

Maj. Payne
RIAA fine is justified
by Drpain October 6, 2007 6:52 PM PDT
The fact is that the woman in question posted hundreds of songs on the file sharing service and she did not have any ownwership rights to transfer the songs to third parties. She is worse than a shoplifter who goes into a store to steal CD's. She is a thief that took the money out of the copyright owners' pockets and transferred songs to strangers. She should be in jail.
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DrPain
by ms5star October 6, 2007 8:34 PM PDT
And you should be in a mental institution.
Justify this...
by davidd31415 October 6, 2007 10:57 PM PDT
You think she should be in jail?

Jails and prisons in America are overflowing. Drunken drivers are slapped on the wrist. I read a story about a guy who was just arrested for his 13th DUI a few days ago. If we're going to pack our jails full of MORE people, we need to start here.

I'm not saying that two wrongs make a right- sure, she did wrong, but we need to prioritize who we're going to lock up. If you think pirates are big enough criminals to justify building more jails then I guess I disagree with you. There are already enough tax dollars being wasted dealing with this, adding more to the mix isn't going to do good. You can rant and rave about how much she stole from the copyright owners but the criminals that steal the largest amounts of money hardly serve time or suffer at all (Stewart's a great example).

A quarter million dollars? To me this is just the "lottery lawsuits" in the opposite direction. I think she should have been fined more than she would have been if she would have settled but not this much more. Maybe 2x, 4x more, not a quarter million.

The only chance this lady has of paying that fine is if someone sets up a website and enough people donate to help her out.
stealing ... from a thief
by AlecWest October 7, 2007 10:01 AM PDT
Four years before Napster was even born, the RIAA marketing policy called M.A.P. (minimum advertised pricing), according to the FTC, ripped off music consumers to the tune of $400,000,000 - a crime that was only marginally address in a civil suit and NEVER addressed in criminal court. Maybe the woman was a thief. Maybe she wasn't. But while stealing is wrong, stealing from a thief who has already stolen from you does invoke a certain poetic justice. If she's guilty of anything, she's guilty of being a vigilante ... invoking justice the Attorney General should have invoked had he been less occupied by other (ahem) more important matters than a $400,000,000 theft.
here is another RIAA sell out
by mectron October 7, 2007 3:41 PM PDT
How much brainwash did it take to make your fart out such non sense? Just the fact that this lawsuit as been from the RIAA is enough to dismiss the case? the RIAA as no credibility of any kind, they are know criminal and cyber criminal to gatter fake proof. The RIAA need to be shutdown, it owner finid for ALL of RIAA money and jailaid for life and all participating label should be fined 2 or 3 billions each for participation in a criminal cartal that have NO LEGAL use of any kind.

That that scenaria asume that there is a least one politician in washington that is still on the peoples and sadly there is none... Airplane, large towers etc., who need to blow up that... the RIAA headquater seem a much better target!
RIAA only understands economics.
by savagesteve13 October 6, 2007 7:46 PM PDT
So if they want to go to war with their buying public, I say fight back. Stop buying music, all of it.
Its ridiculous that you can get DVD's for $5 but music is still $17. Obviously one certain aspect of the industry hasn't gotten on the clue bus as to the value of the product they sell.
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how about a pardon?
by drsills October 6, 2007 8:45 PM PDT
She needs a pardon from the president. No crime was committed or proven....oh yea, the "thought" police.
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How about a PAC?
by Merkwurdigliebe October 6, 2007 10:59 PM PDT
Maybe we should all quit ******** in these safety-valve forums and form the mother of all political action committees, the MoFoPAC.

Corps are rich, true, but 200,000,000 MoFo's can swing a big MoFo stick.

(Did I miSpelll that?) (Who nose, ize jes de prezuhdent)
Tell The RIAA Recorded Music Should Be Free
by godkillzyou October 6, 2007 9:42 PM PDT
Music should be free. As crazy as it may sound, read why I think so here and here.
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How about fining the real criminal
by mectron October 6, 2007 10:34 PM PDT
The openly criminal organisation that is the RIAA (along with is partner in crime the MPAA). Its hard to understant that the great USA have let is justice system been manipulated to such a extend by by a organisation that have been proven guilty of countless crimes. the RIAA as no credibility of any kind. MONEY is what have brough that verdict and nothing else. if a where a american i whould be ashame to be one.

The MPAA/RIAA is the most dangerous criminal cartel in in the world right now and must be stop at all cost! They way of doing business was called racketting and extortion in the 30's.

No one is safe from those criminals and if the USA as at least one honest politician left... he need to shut them down as soon as possible. (c) laws does not protect any artist, it as been distorted to such a extend, that now its only use is to providing the digital mafia with the means to STEAL money from peoples.

How much of that 22,000$ is going to individual artists? And the jury show that everyone as a price...
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who is the "real" criminal?
by rgc_11 October 6, 2007 11:07 PM PDT
The Judge made the only decision that could be made, the correct one. The fine is light. Is there is some kind of convoluted logic to believing that something belongs to you, just because it easy to steal?
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Whack-a-mole, anyone?
by AlecWest October 6, 2007 10:59 PM PDT
Lawsuits like this make great headlines. But the RIAA is just whistling past the graveyard. Their real enemies aren't the file "sharers," it's the file "downloaders" who use hypercheap music download services in the post-Soviet republics. And, they have failed to keep them in check. Anyone who has ever been to a carnival and played the "whack-a-mole" game can attest to that. Knock one mole into its hole and another mole pops up in a different place. Likewise, the day after the RIAA celebrated the demise of AllOfMP3.com in Russia, MP3Sparks.com (a virtual clone of the former service) popped up in the Ukraine ... along with new services still in Russia like the MP3Sale.ru site. Sadly for them, the RIAA will either have to get used to the new world of cheap/free music availability ... or continue playing a never-ending game of whack-a-mole.
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RIAA
by rgc_11 October 6, 2007 11:11 PM PDT
Is there some kind of logic to saying that a criminal should not be prosecuted because another criminal exists that is stealing more?
Prove she did it
by Merkwurdigliebe October 6, 2007 11:35 PM PDT
Nothing on a Windows hard disk can be positively attributed to any user, period. You can make event logs say what you want, the file time, size, and attributes say what you want, and you can keep almost anyone from detecting that. Certainly the yahoos involved in this case.

If they want to prove that I logged in to a machine, they'd better be able to show I used at least three authentication factors, and one of them damned well better be biometric, or I'd easily tear them a new one.

In the case of any Windows PC, there is no way at all to say that a particular person caused a computer to perform a task. Anything a person can do on a computer can be done by a program.

A person is more than a username and password, but apparently these folks just weren't made to understand that any secret can be stolen, and that username/password can never provide specific identification of any one person.

Oh, and I've replaced 4 personal hard disks this year, and dozens at work. They fail whenever they please.
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I agree and I don't
by bignumone October 7, 2007 5:14 AM PDT
I agree, if there was evidence she was "sharing" music, she
should be found guilty. And the fine needs to be high enough to
stop people from doing that. But to destroy someone's life for it
is out of hand. I agree...I agree.
BUT, she made the music available, and did not make money
from this. It is not as though she set up a business to do this
and make money. Additionally, she has no way of knowing how
the music was used if ever downloaded. Maybe people listened
to it once and deleted it!
This sounds like BS, but no one has proven ANY downloads were
made. Given her profit from doing that and the lack of evidence,
I think for the fine to go over $10K is ridiculous and insulting to
"non-stars" and other "lower" people.
I will hit the drum again. STOP BUYING THEIR PRODUCT. DON'T
STEAL IT OR "SHARE IT" , BUT DON'T BUY IT EITHER! Money is all
they understand and you don't NEED this product. It is NOT
food! Give it a month, preferably December, where you don't
buy or use any of their product. Trust me, if it comes down to
dropping the price or not selling the product, the price will come
down. "They" will also have more respect for their clients and be
more reasonable about who the attack.
Additionally, write to your congress-critter and tell them if they
vote to violate YOUR rights to be treated fairly, you will not vote
for them. Maybe even campaign against them!
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THE PUBLIC LIBRARY - Check out your CD FREE and LEGAL
by joe1776 October 7, 2007 5:52 AM PDT
This is all so stupid. You can go to your public library and REQUEST ANY CD YOU WANT and they will buy it and add it to their collection. Then the RIAA can't sue our kids.

If everyone TODAY would DONATE ALL THEIR CDs to their LOCAL LIBRARIES, the RIAA would be castrated overnight.

I personally don't understand why anyone thinks any CD put out by a CORPORATION is worth listening too. Don't you know those CDs are corporate projects? You're listening to songs created by a staff of suits within a project team.
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RIAA should NOT win
by schoolhousedrive October 7, 2007 6:12 AM PDT
RIAA are mobsters and thieves. Our lawmakers have been put into office by these thugs, so it is no surprise that our laws are designed to defend the criminal behavior of organized crime.
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