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#1 2009-08-17 11:23 am
- barrfid_od
- pro slacker

- From: Luverne, MN
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DOJ deffends 1.92 million dollar fine
http://www.pcmag.com/article2/0,2817,2351642,00.asp
Article wrote:
In a nutshell: it's a deterrent.
"The current damages range provides compensation for copyright owners because, inter alia, there exist situations in which actual damages are hard to quantify," the DOJ's lawyers wrote in a brief. "Furthermore, in establishing that range, Congress took into account the need to deter millions of users of new media from infringing copyrights in an environment where many violators believe that they will go unnoticed."
According to a 1999 amendment to the Copyright Act of 1976, a violator is liable for up to $150,000 for each infringed work: in this case, the 24 songs that Thomas shared.
The Founders wrote:
Amendment 8 - Cruel and Unusual Punishment. Ratified 12/15/1791.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
It drives me crazy that a copyright holder has more rights on the internet than I do if for some reason im defaced. This is just a storm of smurf and it is absolutely crazy
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#2 2009-08-17 11:48 am
- Mr. T
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- From: omnipresent
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Re: DOJ deffends 1.92 million dollar fine
Well that sucks.
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#3 2009-08-17 12:20 pm
- mrreet2001
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Re: DOJ deffends 1.92 million dollar fine
barrfid_od wrote:
It drives me crazy that a copyright holder has more rights on the internet than I do if for some reason im defaced. This is just a storm of smurf and it is absolutely crazy
What the smurf point is a copyright if it doesn't give you more rights?
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#4 2009-08-17 1:11 pm
- avkills
- demyelinated brain matter

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Re: DOJ deffends 1.92 million dollar fine
The copyright holder should have more rights... duh!
-mark
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#5 2009-08-17 1:33 pm
- sturner
- Royal High Poobah
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- From: Carrollton, TX USA
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Re: DOJ deffends 1.92 million dollar fine
ah, but let's separate the two things here. The fine is excessive. She was found guilty and the copyright was upheld.
The fine is excessive and could fall under cruel and unusual punishment. If I were her I'd challenge the fine under constitutional grounds.
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#6 2009-08-17 2:24 pm
- avkills
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Re: DOJ deffends 1.92 million dollar fine
Yeah the fines are outrageous; there are not many people who could afford it.
-mark
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#7 2009-08-17 4:49 pm
- sturner
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Re: DOJ deffends 1.92 million dollar fine
You mean, besides Bill Gates?
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#8 2009-08-17 7:13 pm
Re: DOJ deffends 1.92 million dollar fine
avkills wrote:
Yeah the fines are outrageous; there are not many people who could afford it.
-mark
Like the DOJ said the maxium is made so high per item infringed to set an example.
24 iTunes/Amazon/Rhapsody Songs - $23.76
24 song illegally - $1,920,000
Person got caught & fined - priceless, for me at least not them 
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#10 2009-08-17 10:09 pm
- sturner
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Re: DOJ deffends 1.92 million dollar fine
Exactly. If the crime is the same, the punishment should be the same. Media makes no difference.
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#11 2009-08-17 10:39 pm
- elpato84
- is Heavy Weapons Guy

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Re: DOJ deffends 1.92 million dollar fine
But then they'd argue that it isn't in the taking, it's in the making available.
"I personally think that with the budget they've planned, Halo [the movie] will be a failure. I think Halo will not make the money back in the end."
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#12 2009-08-17 10:41 pm
- sturner
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Re: DOJ deffends 1.92 million dollar fine
so if you steal from a brick and mortar store with the intent of reproducing and distributing, do you get the same punishment? Or simply the jail time?
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#13 2009-08-18 1:37 am
Re: DOJ deffends 1.92 million dollar fine
elpato84 wrote:
But then they'd argue that it isn't in the taking, it's in the making available.
Each person in a P2P network makes an average of one copy available for every one copy that they download.
The penalty for $24 songs should be $48 at a maximum, unless they can actually PROVE that they "made available" more copies than the average.
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#14 2009-08-18 3:29 am
- Bat
- Flawless Cowboy
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Re: DOJ deffends 1.92 million dollar fine
To make an example of someone, you have to do more than give Gates, Jobs, Warren Buffet et al a parking ticket. You give someone a ticket to Hell by express... because nothing less will protect the IP rights of Sumner Redstone, who Lord knows needs much protecting. Ruin someone's life, his/her family's lives, now there's an example.
Um... right.
Sucks, dunnit? Money talks.
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#15 2009-08-18 7:43 am
- mrreet2001
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Re: DOJ deffends 1.92 million dollar fine
~Coxy wrote:
elpato84 wrote:
But then they'd argue that it isn't in the taking, it's in the making available.
Each person in a P2P network makes an average of one copy available for every one copy that they download.
The penalty for $24 songs should be $48 at a maximum, unless they can actually PROVE that they "made available" more copies than the average.
Thats like saying you need to prove someone wasn't going to return the car the stole. or like saying they should base the punishment on how long they stole it ... If you can't do the time don't do the crime.
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#16 2009-08-18 8:42 am
- sturner
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Re: DOJ deffends 1.92 million dollar fine
But when you get a punishment like this you have regressed into the worst that could be found even under Napoleonic Code. Steal a loaf of bread you do 10 years on hard labor.
Excessive punishment.
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#17 2009-08-18 8:50 am
- mrreet2001
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Re: DOJ deffends 1.92 million dollar fine
maybe we should reduce the sentencing for rape while we are at it ... I mean come on it only affects one person.
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#18 2009-08-18 9:01 am
- sturner
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Re: DOJ deffends 1.92 million dollar fine
you missed the import of my statement. The damage done must be commensurate with the punishment.
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#19 2009-08-18 9:11 am
- mrreet2001
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Re: DOJ deffends 1.92 million dollar fine
sturner wrote:
you missed the import of my statement. The damage done must be commensurate with the punishment.
no I didn't
Oh he stole one song ... no big deal... bullsmurf. Does one illegal download effect anyone? Not really ... but the point is that millions of songs are being downloaded. which does effect a lot of people in a big way. It effects everyone from the artist to the retailer who could have sold the music. If the punishment was simply a $50 fine or whatever ... would that really stop anyone? You have to make the punishment huge to stop people from doing it.
like I said before maybe we should reduce the sentencing for rape while we are at it ... I mean come on it only affects one person.
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#20 2009-08-18 9:17 am
- Mr. T
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- From: omnipresent
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Re: DOJ deffends 1.92 million dollar fine
mrreet2001 wrote:
maybe we should reduce the sentencing for rape while we are at it ... I mean come on it only affects one person.
I understand perfectly what you're saying. I mean, for all we know, this dude's file sharing might've cost Eminem his morning cappuccino. Eminem's probably thinking, "smurf man, I got raped!" Which is just as bad as actually getting raped, if not worse.
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#21 2009-08-18 9:23 am
- sturner
- Royal High Poobah
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- From: Carrollton, TX USA
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Re: DOJ deffends 1.92 million dollar fine
It's still excessive. Massively so.
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#22 2009-08-18 9:25 am
- mrreet2001
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Re: DOJ deffends 1.92 million dollar fine
Are you an artist?
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#23 2009-08-18 9:25 am
- barrfid_od
- pro slacker

- From: Luverne, MN
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Re: DOJ deffends 1.92 million dollar fine
Mr. T wrote:
mrreet2001 wrote:
maybe we should reduce the sentencing for rape while we are at it ... I mean come on it only affects one person.
I understand perfectly what you're saying. I mean, for all we know, this dude's file sharing might've cost Eminem his morning cappuccino. Eminem's probably thinking, "smurf man, I got raped!" Which is just as bad as actually getting raped, if not worse.
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#24 2009-08-18 9:34 am
- sturner
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Re: DOJ deffends 1.92 million dollar fine
Look. None of that fine benefited the artist. The fine is massively excessive for the crime. Who benefits? society? not likely. the artist? no, and it may create a backlash.
Instead of pushing for draconian punishments, if RIAA had promoted an easy and equatible method of purchasing music, this would not be. However, RIAA isn't interested in selling in that manner, they are interested in maintaining the power of the lables, and their own power. Justice isn't what they are looking for, if it were they wouldn't be pushing for a nearly 2 million dollar fine.
It is excessive.
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#25 2009-08-18 9:54 am
- mrreet2001
- Member

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Re: DOJ deffends 1.92 million dollar fine
sturner wrote:
Who benefits?
If it deters just one person it benefits the industry as a whole. Everyone from the artist to the retailer selling the product.
Making music is expensive. equipment... studio time / production ... tour time and costs... retail costs... promotion... The artist barely sees any of the profit from one song after everything is paid for.
When you have little smurfs who don't give a crap about the law stealing and giving away your music it's bullsmurf. It's taking away from the funds to make more music. Go ahead ... destroy the industry... say good bye to arena tours... say good bye to radio as we know it ... say good bye to the produced bands that your children like. Say good bye to a lot of things. Yes indie bands will continue... but not at the level of major label bands. Screw all of it just so some little bitch who was either to lazy or to cheap to buy a smurfing cd.
Anyone who thinks they deserve all music for free should pick up a instrument and make there own friggen music.
again I ask are you an artist?
Last edited by mrreet2001 (2009-08-18 9:59 am)
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