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#1 2007-10-04 7:13 pm
- Czachorski
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- Registered: 2002-12-20
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First File Sharing Trial: Woman Loses Judgement $220M to Labels
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Now this woman's alleged activities are clearly illegal, but $220,000 for 24 songs? This will help the labels with consumer sentiment.
"This does send a message, I hope, that downloading and distributing our recordings is not OK," said Richard Gabriel, the lead attorney for the music companies.
I love it when these morons use blanket statement like this, and forget about the gigantic legal downloading going on. The way he says it, it sounds like he is referring to all types of downloading (even thought I know he isn't). It just makes him sound out of touch. Is it so hard to remember to put the word "illegal" in front of downloading?
The RIAA says the lawsuits have mitigated illegal sharing, even though music file-sharing is rising overall. The group says the number of households that have used file-sharing programs to download music has risen from 6.9 million monthly in April 2003, before the lawsuits began, to 7.8 million in March 2007.
I know these are monthly figures, but comparing them to 100 million iPods sold, and only 7-8 million users a month using p2p programs, wouldn't that suggest that the overwhelmingly vast majority of iPod users are not filling their iPods with illegally obtained music, as the labels have suggested elsewhere?
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#2 2007-10-04 7:37 pm
- 333imacman
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
You know what Mr. RIAA?
Get shot.
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#3 2007-10-04 7:51 pm
- Shadowless
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
... The fine could have run millions of dollars for less than 2,000 songs. How much damage does the court really think she was doing? How could one person do that much damage with MUSIC. Especially if the music isn't selling well because it is awful, then they might want to pay her for providing exposure.
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#4 2007-10-04 8:31 pm
- Fried Chicken
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
The RIAA can suck a smurf.


Just because something is legal, doesn't mean it's right. Just because something is illegal, doesn't mean it's wrong.
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#5 2007-10-04 9:13 pm
- NAG
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
I believe they admitted during this case that their lawsuit campaign is not making them money. This is probably more of a ploy to have some precedent so they can go complain to the lawmakers and screw up our laws.
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#6 2007-10-05 2:58 am
Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
What she did is illegal, and she got caught. I fail to see the problem. The "quality" of the material involved is irrelevant.
,xtG
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#7 2007-10-05 3:45 am
- D'Eyncourt
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Czachorski wrote:
[snip]
The RIAA says the lawsuits have mitigated illegal sharing, even though music file-sharing is rising overall. The group says the number of households that have used file-sharing programs to download music has risen from 6.9 million monthly in April 2003, before the lawsuits began, to 7.8 million in March 2007.
I know these are monthly figures, but comparing them to 100 million iPods sold, and only 7-8 million users a month using p2p programs, wouldn't that suggest that the overwhelmingly vast majority of iPod users are not filling their iPods with illegally obtained music, as the labels have suggested elsewhere?
Hah! You want to use logic when arguing against the RIAA?
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#8 2007-10-05 4:08 am
Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
D'Eyncourt wrote:
Hah! You want to use logic when arguing against the RIAA?
Obviously not.
7-8 million P2P users per month.
100 million iPods sold. In total.
,xtG
.tsooJ
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#9 2007-10-05 9:37 am
Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Alien wrote:
What she did is illegal, and she got caught. I fail to see the problem. The "quality" of the material involved is irrelevant.
I think it's the "quantity" which is the problem here, 24 songs is ridiculous. Any household on earth surely has 24 "pirated" tracks ona tape or CD somewhere. 220 000$ is a smurfload.
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#10 2007-10-05 9:45 am
Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Alien wrote:
What she did is illegal, and she got caught. I fail to see the problem. The "quality" of the material involved is irrelevant.
,xtG
.tsooJ
We've got laws in place that exist to stop commercial piracy so that we don't become China.
Using these same laws on the everyman on a smaller scale is ludicrous.
It's not the same thing. It's not for profit. It's still wrong, but the punishment should fit the crime.
Our legislation has NOT kept up with the technology. In more than one area.
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#11 2007-10-05 9:48 am
- henebry
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
She could have settled out of court. She made a very poor decision in fighting the case. The fines are set on the assumption that the people doing the infringement are running businesses, not trading songs. But I don't have a lot of sympathy because I don't trade (read: pirate) songs online. I have on occasion traded CDs with friends, but that's the limit of my abuse, an abuse which (I think) is covered under fair use.
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#12 2007-10-05 9:59 am
Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
henebry wrote:
She could have settled out of court. She made a very poor decision in fighting the case.
That's the thing, everyone's been intimidated into settling out of court and it's been a cash cow for the RIAA.
Spirit was crushed; now is fading, But I want to help make things right.
Because I can see and I can feel, and you can see and you can feel
So why don't we both either stand up and fight
Or at least together we'll call it a night.
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#13 2007-10-05 10:22 am
- HackerJax
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
henebry wrote:
She could have settled out of court. She made a very poor decision in fighting the case. The fines are set on the assumption that the people doing the infringement are running businesses, not trading songs.
I have a friend who paid out $4,300 to the record labels for having 5 songs available on Kazaa that her kids shared out.
I think that $220,000 would be fine it could be proved that she was a trading a lot of content, or was selling copyrighted material for profit.
in this case I don't feel that the punishment fits the crime.
I'm not saying she should get off free and clear but $220,000 is completely ridiculous.

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#14 2007-10-05 10:57 am
- 333imacman
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
The RIAA is simply making an unfair example out of these people. They're not going to go after everyone, they're just going to go after some of them and charge them obscene amounts so as to make an example out of them.
The punishment needs to fit the crime. What the RIAA is doing is bullsmurf.
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#15 2007-10-05 11:33 am
- Shadowless
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Alien wrote:
What she did is illegal, and she got caught. I fail to see the problem. The "quality" of the material involved is irrelevant.
,xtG
.tsooJ
Going simply by what you said, you'd be fine with a death penalty for this crime, right? Because she did something illegal and got caught?
My problem is the excessive fine. She should pay for the damage caused, and I fail to see how she could have possibly caused that much in damages.
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#16 2007-10-05 11:36 am
- Shadowless
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
henebry wrote:
... I don't trade (read: pirate) songs online. I have on occasion traded CDs with friends, but that's the limit of my abuse, an abuse which (I think) is covered under fair use.
It is not covered under fair use. You may not be pirating songs online, but you are still pirating. You've stolen music. Congrats.
Welcome to the club.
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#17 2007-10-05 11:39 am
- HackerJax
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Shadowless wrote:
henebry wrote:
... I don't trade (read: pirate) songs online. I have on occasion traded CDs with friends, but that's the limit of my abuse, an abuse which (I think) is covered under fair use.
It is not covered under fair use. You may not be pirating songs online, but you are still pirating. You've stolen music. Congrats.
Welcome to the club.
thats right, and to top it off when you rip a CD and put the music on your iPod I guess we could say you stole just one copy.
You damn criminal! 

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#18 2007-10-05 11:46 am
Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Shadowless wrote:
Alien wrote:
What she did is illegal, and she got caught. I fail to see the problem. The "quality" of the material involved is irrelevant.
Going simply by what you said, you'd be fine with a death penalty for this crime, right? Because she did something illegal and got caught?
Um, no. Don't put words in my mouth, okay?
I said nothing of the graveness of the punishment; I am against the death penalty regardless, and I will not comment on the righteousness of the punishment in this particular case.
My problem is the excessive fine. She should pay for the damage caused, and I fail to see how she could have possibly caused that much in damages.
Your problem may be the excessive fine; others have expressed in this thread that they think the mere fact that she was found guilty is wrong, or that for some reason the value they personally place on the material traded, the punishment should be less severe.
And that I strongly disagree with.
,xtG
.tsooJ
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#19 2007-10-05 12:00 pm
Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
In honor of this event I am going to download more music.
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#20 2007-10-05 12:04 pm
- Former Windork
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
I'm trying to figure out how stealing something worth, at the most, around $31 (taking the $1.29 iTunes Plus price times the 24 songs) should result in a $220,000 fine. Talk about swatting a fly with a sledgehammer.
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#21 2007-10-05 1:02 pm
- unshavenyak
- Your resident non-Neoclassical economist
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Former Windork wrote:
I'm trying to figure out how stealing something worth, at the most, around $31 (taking the $1.29 iTunes Plus price times the 24 songs) should result in a $220,000 fine. Talk about swatting a fly with a sledgehammer.
Because they opted for statutory fines instead of going after actual compensation which would be ridiculously hard to prove and quite likely much less.
As for the crime itself, yes she is technically guilty of copyright infringement, but I have a huge problem with current intellectual property rights laws anyways so the RIAA has very little sympathy from me. They consistently lobby to keep the laws as is when a plethora of economic literature suggests long copyright terms actually end up stifling innovation and economic activity.
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#22 2007-10-05 1:08 pm
- Shadowless
- Cpl, USMC

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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Former Windork wrote:
I'm trying to figure out how stealing something worth, at the most, around $31 (taking the $1.29 iTunes Plus price times the 24 songs) should result in a $220,000 fine. Talk about swatting a fly with a sledgehammer.
They're probably justifying adding to the fine because the content was being made freely available to other users of KaZaa or whatever it is. So not only has she technically done $31 of damage, but additionally $1.29 * n, where n is the number of people who have downloaded those songs from her computer. So, theoretically, using the price point of $1.29/song, they're claiming that not only did she download those songs illegally, but 170519 other people downloaded those songs illegally from her.
That is at least the only logical explanation of how one could have done so much damage.
But there is also the fact that she broke a law, and that doing so usually means that you have to do more than just pay for the exact damages done. So what would be a justifiable price? I have no idea. For just a handful of songs though (2 CDs worth, at most?) I don't think that the penalty should exceed too much more than if someone was being charged with shoplifting, say, 5 CDs from a record store. I don't know what that penalty is, exactly, but I'd imagine it wouldn't be too unreasonable.
And Alien, I was just picking on you 'cause you weren't being specific.
Sorry mate.
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#23 2007-10-05 1:09 pm
- bratboy
- laden with emotion
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Alien wrote:
Your problem may be the excessive fine; others have expressed in this thread that they think the mere fact that she was found guilty is wrong,
Really? Before you posted above? It seem like most everyone has commented on the severity of the fine.
or that for some reason the value they personally place on the material traded, the punishment should be less severe.
And that I strongly disagree with.
....I think that comment was probably a joke. "They should pay her for the exposure?" You think he meant that?
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#24 2007-10-05 1:47 pm
- C. Ives
- We're All Mad Here

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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Shadowless wrote:
They're probably justifying adding to the fine because the content was being made freely available to other users of KaZaa or whatever it is. So not only has she technically done $31 of damage, but additionally $1.29 * n, where n is the number of people who have downloaded those songs from her computer. So, theoretically, using the price point of $1.29/song, they're claiming that not only did she download those songs illegally, but 170519 other people downloaded those songs illegally from her.
I would guess they're saying that x people downloaded it from her, x people from those people, etc. By hosting the song she not only gave it to the people who downloaded from her directly, but from all the people who downloaded from those people. Kind of like herpes.
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#25 2007-10-05 2:48 pm
- Tallgeese
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Re: First File Sharing Trial: Woman Loses Judgement $220M to Labels
Alien wrote:
Shadowless wrote:
Alien wrote:
What she did is illegal, and she got caught. I fail to see the problem. The "quality" of the material involved is irrelevant.
Going simply by what you said, you'd be fine with a death penalty for this crime, right? Because she did something illegal and got caught?
Um, no. Don't put words in my mouth, okay?
I said nothing of the graveness of the punishment; I am against the death penalty regardless, and I will not comment on the righteousness of the punishment in this particular case.My problem is the excessive fine. She should pay for the damage caused, and I fail to see how she could have possibly caused that much in damages.
Your problem may be the excessive fine; others have expressed in this thread that they think the mere fact that she was found guilty is wrong, or that for some reason the value they personally place on the material traded, the punishment should be less severe.
And that I strongly disagree with.
,xtG
.tsooJ
You won't comment on the punishment but you "fail to see the problem"?
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