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Verdict Reached In RIAA Trial 1001

jemtallon writes "The jury in the previously mentioned Captiol v Thomas story has reached a verdict. They have found in favor of the plaintiffs, Capitol, and ordered that she pay a $222,000 fine for 24 cases of copyright infringement."
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Verdict Reached In RIAA Trial

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  • by nweaver ( 113078 ) on Thursday October 04, 2007 @08:17PM (#20860755) Homepage
    Unfortunately inevitable, since there was really no defense contesting of the network forensics, or that the username in question just happened to be the same as the defendent's accounts on many other networks, that the system in question was connected to her cable modem, and using her IP address.

    Without such defense, a simple "preponderence of the evidence" (the criteria for a civil case) was inevitable.

  • Wrong, but right. (Score:2, Insightful)

    by v_1_r_u_5 ( 462399 ) on Thursday October 04, 2007 @08:18PM (#20860767)
    The amount awarded per song ($9250) is downright ridiculous, but she clearly did download these songs :(
  • Appeal fund? (Score:5, Insightful)

    by tacarat ( 696339 ) on Thursday October 04, 2007 @08:20PM (#20860815) Journal
    I wonder if she'll be allowed to pay the settlement like the recording industry did theirs. In unpopular CDs that cost pennies to make but apply to the fine at retail price.
  • Son of a... (Score:2, Insightful)

    by Anonymous Coward on Thursday October 04, 2007 @08:20PM (#20860819)
    I thought for sure that a jury would never throw a fellow citizen under a bus for those record industry scumbags. I guess I'll have to finally realize that at least twelve in thirteen Americans are hopelessly retarded.
  • 12 peers? HA! (Score:4, Insightful)

    by Libertarian001 ( 453712 ) on Thursday October 04, 2007 @08:20PM (#20860821)
    I've always believed, naively perhaps, that juries usually got it right. How freaking brain-dead do these people have to be? $220K for 24 songs? That's $9250 per song! That's substantially more than what the RIAA was claiming they lost on each instance (unless I mis-remembered?).

    For music.

    This jury of 12 idiots decided to ruin someone's life for 24 songs. Great going, guys.
  • by webmaster404 ( 1148909 ) on Thursday October 04, 2007 @08:24PM (#20860867)
    Still $222 THOUSAND dollars is outrageous for such a simple act. If Capital could prove that it hurt them for $222 thousand dollars it would be correct but at most it would have hurt them ~$100-200 at most. They should appeal this case and get a judge that doesn't inflict absurd penalties for simple acts. If Capital won a $300-$600 suit it would be justified but there is no way it could have hurt Capital for $222,000 and the worst part is the artists won't get a penny.
  • by zenslug ( 542549 ) * on Thursday October 04, 2007 @08:24PM (#20860877) Homepage
    She is guilty, but the law needs fixing.
  • Boycott or shut up (Score:4, Insightful)

    by slashkossucks ( 1160093 ) on Thursday October 04, 2007 @08:26PM (#20860889)
    I challenge Slashdot to boycott the US recording and movie industry... either that or stop whining...
  • by j00r0m4nc3r ( 959816 ) on Thursday October 04, 2007 @08:29PM (#20860929)
    She will still end up paying $50k in legal fees, even if she wins an appeal. Just another reason to never do business with any RIAA entity ever again.
  • by Anonymous Crowhead ( 577505 ) on Thursday October 04, 2007 @08:29PM (#20860931)
    but at most it would have hurt them ~$100-200 at most

    They gave her that option with an offer to settle out of court. She was an idiot to take them to court.
  • by MobyDisk ( 75490 ) on Thursday October 04, 2007 @08:31PM (#20860963) Homepage
    This seems like a fairly open and shut case, so I'm not sure I understand the confusion here.

    Prosecution:

    ...her user name, IP address, Modem MAC address, pass-word-protected computer, and the songs in the shared folder matched her musical tastes.

    ...Thomas replaced the hard drive in her computer two weeks after an investigation.
    Defendant:
    Tried to get the RIAA president to testify, who has nothing to do with the facts of the case.

    ...There could have been a computer party at Thomas's home or someone could have been outside her window with a laptop.

    ...suggested that computer hacking or IP spoofing could as explanations.
    The RIAA had facts, and the defendant had excuses. I know everyone wants to defend the little guy, but please pick a better case than this one to represent the people. The only thing I see odd here is the fines. THAT is ridiculous.
  • Re:Appeal fund? (Score:4, Insightful)

    by sayfawa ( 1099071 ) on Thursday October 04, 2007 @08:31PM (#20860971)
    Heh, yeah. Maybe she could set up a business where she sells individual strands of her hair for $100/foot. If they can make up imaginary prices for their CDs surely she can name the price for her carefully grown hair. 2,200 hairs in an envelope and she's paid in full.
  • "Music has value" (Score:4, Insightful)

    by BearRanger ( 945122 ) on Thursday October 04, 2007 @08:32PM (#20860983)
    As the RIAA lawyer stated. I agree. A few generations ago people quite happily made their own, and played it for the enjoyment of their family and friends. If you believe, as I do, that music is an essential part of what it means to be human I strongly encourage you to get out and make some. Give it away. Invite your friends to listen. Bring your instruments to Slashdot parties. Whatever it takes. Just don't *buy* any from the current music cartels.

    Boycott the record companies into extinction.

    Somewhere along the line people who are capable of being artists (i.e. each of us) were reduced to being "consumers". It's time we stop just accepting this as a matter of course.
  • by stinerman ( 812158 ) on Thursday October 04, 2007 @08:33PM (#20861001)
    There is a case that challenges the constitutionality of such high fines. I believe our very own NewYorkCountryLaywer (912032) [slashdot.org] is counsel for the defendants.

    One thing you point out is paramount. Since this was a civil case, the fine should be only enough to promote equity rather than be punitive in nature.

    Another interesting thing is that, averaged out, this adds up to $9250 per infringement. At that price the defendant could have physically stolen about 600 copies of each work (assuming around $15 per work). So it pays to remember that the fines for physically stealing copyrighted works are much less than infringing on them.
  • by Erris ( 531066 ) on Thursday October 04, 2007 @08:34PM (#20861015) Homepage Journal

    Even if you ignore the incompetence of the extortionists, no one in their right mind thinks a $220,000.00 judgment is fitting punishment for sharing a few songs. Extremism of this kind will eliminate public libraries and have anti-social consequences the most far sighted can not imagine. The defendant has been made a homeless slave to some of the world's biggest companies, and so have we all.

  • by uncreativ ( 793402 ) on Thursday October 04, 2007 @08:35PM (#20861023)
    I don't think this is the first case where the RIAA was challenged. The RIAA lawyers are just smarter about dropping cases they don't have a good chance of winning rather than risk legal results that could set bad precedence (from their perspective). I've read tons of stories on slashdot about dropped lawsuits or settlements after filing--we don't typically hear what the settlement terms are, so for all we know some of those settlements could be slaps on wrists depending on how good the RIAA case is.

    I do agree though that this reaching verdict is unfortunate for those who want to challenge the RIAA. It would be better if verdicts came out against the RIAA.
  • by pjoyce1 ( 1163775 ) on Thursday October 04, 2007 @08:38PM (#20861057)
    Exactly! Worse still are the media scare stories that are sure to follow. I am so sick of reading about "illegal downloading." Would someone please report instead that this case was about distributing files and not downloading them. Better still, would someone write (the truth that) there have been no cases of "illegal downloading" ever litigated in the US. Too bad Capitol v. Foster didn't get this level of attention.
  • by Lunarsight ( 1053230 ) on Thursday October 04, 2007 @08:40PM (#20861069) Homepage
    We can sit around in forums, yapping non-stop about how horrid the RIAA is, or we can really begin to take the fight to them. I think it's time we do that. Let's do everything we possibly can to tarnish their reputation. Sadly, despite treating consumers like crap, a lot of music fans still follow them around like puppy dogs. A good starting point is to target Youtube. Universal Music Group has an account they use to post videos of their artists. These music videos can be rated. Comments can be left for them. Let's all go there and give them the lowest rating possible. Let's fill the comments section with relevant information about the unethical tactics groups like the UMG are using against consumers. If they play dirty, it seems MORE than fair that we RETURN THE FAVOR. Why should we respond to them with kid gloves? They certainly wouldn't do that for us.
  • Comment removed (Score:3, Insightful)

    by account_deleted ( 4530225 ) * on Thursday October 04, 2007 @08:44PM (#20861127)
    Comment removed based on user account deletion
  • by shihonage ( 731699 ) on Thursday October 04, 2007 @08:45PM (#20861155)
    For some reason I see those jurors as characters from "Idiocracy". I simply can't imagine them being normal human beings.
  • by webmaster404 ( 1148909 ) on Thursday October 04, 2007 @08:47PM (#20861165)
    And thats the reason why the record companies are dying. They make "pirating" songs a ton easier then paying for them. Take for instance buying an iTunes song.

    1. Set up an account (Not that hard)
    2. Put money in your account (not hard at all)
    3. Hope they have a song you want (They might, they might not)
    4. Buy the song (Just takes a click)
    5. Put the song on your iPod (not hard)
    6. Put the song on your generic mp3 player (Oh wait you can't....)
    7. Play the song on Linux (Oh wait, I have to use restricted drivers....)
    8. Share the songs with your friends (Oh wait, it can only be copied to a certain amount of computers...)

    And downloading the song illegitimately

    1. Get the file (not hard unless you don't have seeders)
    2. Put the song on your mp3 player (not hard)
    3. Put the song on your Linux computer (you can usually get in .ogg format so not hard)
    4. Put the song on your iPod (easy)
    5. Share the songs (really easy)

    So besides price "pirating" songs has so many advantages that the RIAA and others stupidly ignore in support of more DRM and higher prices rather then making it much easier for people to download and share songs, after all, your not going to buy a song if you haven't heard it for free somewhere else.
  • Surprise surprise (Score:2, Insightful)

    by Acrimonymous ( 1164185 ) on Thursday October 04, 2007 @08:48PM (#20861171) Homepage Journal
    Tra-la-fucking-la.

    The "victory" is mixed much like my feelings... downloading the songs illegally was wrong. I find no moral standing there. Yet, at the same time, the ridiculous approach the RIAA is taking in these cases - and this equally ridiculous reward - leave me unwilling to condemn the defendant.

    Oh well. I've bought one RIAA-backed album in four years, and that was a mistake. RIAA Rader [riaaradar.com]. Learn it. Love it. Tell the RIAA they can go fuck themselves with various sharp objects.
  • by Curunir_wolf ( 588405 ) on Thursday October 04, 2007 @08:52PM (#20861201) Homepage Journal
    Still $222 THOUSAND dollars is outrageous for such a simple act. If Capital could prove that it hurt them for $222 thousand dollars it would be correct...

    Exactly.

    Normally in any civil case, in order to be awarded damages, you must prove harm. There was no discussion of it in this case - the RIAA went in with the huge advantage of assumed harm. WTF?!?!?

    If I lost both legs because the RIAA cut them off because I was protesting in front of their headquarters, and I sued them for damages, I would never have such an advantage. Since I sit in a chair all day to earn a living, the judge would only award me enough to pay my medical bills, and my wages while I was in the hospital. I could cry "but they cut my legs off!! They should be punished!" all I want to, but in most states, the judge would just be like, "Ok, show me your bills and your pay stubs, and you'll get that much.".

    Where is the justice???

  • by Valdrax ( 32670 ) on Thursday October 04, 2007 @08:53PM (#20861215)
    Anyone who uses TOR for file sharing is either maliciously or negligently engaged in the destruction of the network. TOR cannot handle file-sharing loads. The most that TOR can handle is control communications (like tracker communications in BitTorrent). If you actually start passing data transmissions through it, you'll kill its usability.

    You're better off using a P2P program that's designed to hide your activity than slapping TOR over one that isn't designed for it.
  • by Anonymous Coward on Thursday October 04, 2007 @08:59PM (#20861283)
    The law allows for a much higher award per song for willful violation. The $9k was well below the midpoint. Compensatory damages replace the actual damages and punative damages are meant to punish the violator.

    I think that juries hate to be lied to. She clearly came across as a liar. I suspect there had to be a better defense. Such as admitting to downloading a few songs but not understanding that her music would be uploaded.
  • by Smeagel ( 682550 ) on Thursday October 04, 2007 @09:03PM (#20861325)
    I would completely agree with this. Since the inception of emusic my online downloading has gone down significantly, and even more significantly very recently now that Amazon has some major label MP3 downloads.

    What the RIAA doesn't understand is that a LOT of people are perfectly willing to pay for the songs, we just don't want to pay for copies of them that we don't have control over. I run Linux on all my computers and my work is a linux shop, DRM'ed music is hardly even an option (not that I would pay for it if I could, I'd get a CD in a second over a DRM'ed piece of crap).
  • by Surt ( 22457 ) on Thursday October 04, 2007 @09:03PM (#20861327) Homepage Journal
    I think i'd object to the stealing. Did she steal the songs in question from a record store or itunes?
  • Comment removed (Score:4, Insightful)

    by account_deleted ( 4530225 ) on Thursday October 04, 2007 @09:08PM (#20861385)
    Comment removed based on user account deletion
  • by tjasond ( 680156 ) on Thursday October 04, 2007 @09:12PM (#20861439)
    ... as soon as the judge backtracked this morning and ruled that "making available" was adequate evidence to demonstrate a violation of the copyright holder's rights. From Ars:

    "Instruction no. 14 proved to be a sticking point, as Thomas' counsel Brian Toder told Ars tonight that the judge's proposed instruction indicated that the plaintiffs must show that an actual transfer took place in order for there to be a finding of infringement. "

    Later, the judge reversed his opinion, at which point I knew this was over, but was at least still hopeful that the damages would be somewhat reasonable.

    According to the coverage at Ars, it was pretty clear that the RIAA had found the right person; they had used this same account name for an email address that a witness had verified was hers. The only remaining question in my mind was how well the making available argument would hold up before a jury. Unfortunately, it appeared as though the defense didn't focus any attention on this critical part of the prosecution's argument (until the 11th hour when the judge was deciding what instructions to give the jury for deliberations). Had the defense been pounding the drum of "making available is not provable infringement" instead of "let me show you how fast you can rip a CD", then this jury (and perhaps even the judge with respect to the jury instructions) may have been compelled to decide differently.

    In any event, it is what it is. The RIAA set their desired precedent, but for me there are still a couple of lingering questions:

    1. Is this really a good thing for the RIAA? I mean, we've heard about the lawsuit threats against dead people, grandmas, and kids, but now there is an actual verdict in a jury trial that pins a $220K judgment against a single mother. I have this feeling that this case is going to make much greater waves in the main stream media then the no-go lawsuit threats (dismissed with/without prejudice) or the tens of thousands of settlement cases. Because of this I also think there is a huge potential for blowback on a large scale, not just in the geek circles.

    2. Does the judge have any discretion to lower the damages? It seems as though he's given the defense every opportunity to succeed, from the "this courtroom is not your soap box" comments to the RIAA, to initially requiring evidence of a file transfer actually taking place in the jury instructions. If he does have discretion, I would be surprised if he didn't use it.

    All in all, this is a sad situation. Single mother, probably with little to no idea what she was doing, targeted by the RIAA, then levied with enough fines to ruin her life. The RIAA, a lawsuit happy organization continuing to rob artists, consumers, and own our government, are having a champagne toast tonight thanks to their victory in court today. Enjoy your victory, and as far as "setting a precedent," you should be careful what you wish for.
  • Re:Whoops (Score:5, Insightful)

    by ScrewMaster ( 602015 ) on Thursday October 04, 2007 @09:15PM (#20861481)
    The other thing to remember is that, if you want to illegally download songs:

    a. don't use a swarming protocol like Bit Torrent (not a good choice for small files anyway) and,

    b. make sure you're a leecher (not lecher, as I assume most Slashdotters already are.) As I understand it, all these cases have come about from the people making files available, not the people actually downloading them.
  • by MyLongNickName ( 822545 ) on Thursday October 04, 2007 @09:18PM (#20861519) Journal
    Does business != Illegal downloads.
  • by Weaselmancer ( 533834 ) on Thursday October 04, 2007 @09:19PM (#20861521)

    "This is what can happen if you don't settle," RIAA attorney Richard Gabriel told reporters outside the courthouse.

    Notice how they throw in an impassioned plea to roll over and take it? This court case is nothing about justice - it's an extension to their protection racket. (quote from here) [wired.com]

    When, oh when, will somebody step in and nail these guys with a RICO suit? [wikipedia.org]

  • by ruiner13 ( 527499 ) on Thursday October 04, 2007 @09:21PM (#20861553) Homepage
    God they have balls. According to this Wired article [wired.com], the lawyer for the RIAA actually said "This is what can happen if you don't settle.". If that in itself isn't proof that all they are trying to do is extort people, I don't know what is.
  • by PixelScuba ( 686633 ) on Thursday October 04, 2007 @09:23PM (#20861569)
    Yes, Edgar Bronfman [wikipedia.org], The Warner Music CEO said he was certain his kids downloaded music [wired.com]. But don't worry, he gave them a stern lecture about the music they downloaded... so they won't do it again.
  • by Spy der Mann ( 805235 ) <spydermann.slash ... m ['mai' in gap]> on Thursday October 04, 2007 @09:24PM (#20861579) Homepage Journal
    This is a public announcement. From now on, i will NOT buy ANY original movie or piece of music EVER.

    Now sue me.
  • by adminstring ( 608310 ) on Thursday October 04, 2007 @09:27PM (#20861601)
    I blame the law and the jury in this case. They could easily have voted differently, if they had brains, guts, and information.
  • by HappyUserPerson ( 954699 ) on Thursday October 04, 2007 @09:31PM (#20861633)

    Since this was a civil case, the fine should be only enough to promote equity rather than be punitive in nature.
    The law defines punitive damages for copyright infringement in civil cases. According to copyright law, [copyright.gov] statuary damages can be up to $150k per work. Quoth the law:

    In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.

    We have strong protection for copyrights because we believe in the ability for people to write or create books, software, art, movies, music, or other "soft" art for a living. Without copyright, these things would be just hobbies. Even free software [gnu.org] depends on strong copyright protection. Without the protection of GPL and copyright protection, GNU and Linux and other GPL software would not have the following and developer involvement and attract billions of dollars from by IBM, Sun and Google as they do today. The proof of this is BSD ("is dying") software, which has much trouble attracting developers, investors and users.

    I don't mean to troll, but truly, what's the big problem? Don't distribute stuff that doesn't belong to you unless the person who owns it says it's okay. Find a better hobby and you won't get sued!

  • by megaditto ( 982598 ) on Thursday October 04, 2007 @09:34PM (#20861661)
    The reason for the high damages is probably punitive, and to scare others into behaving. The owners cannot sue millions of people for the $2 each that they probably stole, so they sue a few for the $200,000 and make an example out of them.

    No, it not fair to the few people sued, but yes, that's exactly how the deterrence part of our judicial system works right now.
  • by jkinney3 ( 535278 ) on Thursday October 04, 2007 @09:36PM (#20861675)
    I keep hearing about this process and I don't understand why the bright people on /. don't get a clue.
    The ONLY thing the morons at RIAA will ever understand is a cash flow interruption. But to make this work, everyone has to be in on it. No file sharing, turn it all off for one week, no music purchases of any kind, turn off the radios, don't listen to any form of recorded music.
    It's not a hard thing to imagine. Maybe the better thing to do is to stop being a consumer and start being a creator. Get an instrument and make your own music!
    Then you can give it away on KaZaa.
    So if you get upset about what RIAA does to protect their cash flow, get off your butt and stop playing their game. Start playing a new game. Make your own music.
    And quit whining about RIAA. There are bigger issues ahead beyond "I can't listen to what ever music I want. I must be entertained at all times."
  • by westlake ( 615356 ) on Thursday October 04, 2007 @09:36PM (#20861677)
    This is what you get when you have a jury of "your peers" - something that in the United States means "people not smart enough to get out of jury duty."

    Those willing to serve - those who want to serve - get to make the decisions - which in a democracy is as at it should be.

    The jury is most likely to be middle class, middle aged, small-C conservatives, with a strong sense of civic obligation. The same men and women who take their right to vote seriously.

    The successful trial attorney does not romanticize the jury. But neither does he bring into court the adolescent assumption, so prevalent on Slashdot, that he is dealing with a bunch of morons.

    And then there is the $220,000 in "damages".

    Damages in cases like these are usually framed in terms of some statutory or judicial formula.

    The jury doesn't make the rules. It applies the rules.

    Consider this: downloads from a service like iTunes have a generally recognized retail value of $1-$2 a track. Implying that the 2,000 tracks in your shared Kazaa folder are worth serious money. To the rights owners and their licensed - legitimate - distributors.

  • Re:12 peers? HA! (Score:4, Insightful)

    by ScrewMaster ( 602015 ) on Thursday October 04, 2007 @09:37PM (#20861681)
    That said, I sincerely doubt the RIAA will ever see a penny of it. You know she's going to file Bankruptcy (Ch 7, IIRC, the one where you don't have a re-payment plan, because no way is she going to pay TWO-HUNDRED TWENTY THOUSAND DOLLARS back in 20 years, let alone the ~5 a Ch 13 is for.).

    And you know what? I doubt they care even a little bit. See, and that's the thing ... this isn't about a redress of grievances. It's about deterrence, about control, and I'm sure they're feeling like they just did one hell of a job justifying their salaries right now. On the other hand, whether this judgment will have any effect whatsoever the level of illegal downloading is another story. It might even make the problem worse: I know I'm feeling like grabbing a couple of tunes just for spite.
  • by some damn guy ( 564195 ) on Thursday October 04, 2007 @09:38PM (#20861691)
    Ever ripped a CD? You might as well have.

    The moral of the story? THE RIAA IS SCARED STUPID. She had 400 CDs at one point!!!!!!! They just sued the shit out of one of their best customers!

    Fuck these people. Hey, I just 'stole' a CD. Yep, I got a perfect digital copy of the recording and the recording industry didn't get a DIME. Know what I did? I bought a USED CD! Roll up a hondo and snort that Sony.

    So that's the moral of the story. BUY USED MUSIC. Hey, old vinyl is cheaper than iTunes and sounds better too. It's the best way to 'steal' from the music industry because it's 100% legal, and it robs them of a sale from a person WHO IS ACTUALLY WILLING TO PAY MONEY FOR THE MUSIC.

    If you're a musician, record yourself, it's far easier than it ever was. Then sell your own stuff through iTunes or something if you want to get paid. You don't need these people unless you want them to pay for publicity or your recording (but they'll just take it out of your check anyways).

    It sounds way better than mp3, it's cheaper, and best of all you'll be doing YOUR part to help kill the record industry!
  • by Alien Being ( 18488 ) on Thursday October 04, 2007 @09:41PM (#20861715)
    I don't know how much money this woman has, but $222k would hurt me in such a big way I'd be tempted to invest in S&W and take a joy ride out to L.A. where murderers go free.
  • by Anonymous Custard ( 587661 ) on Thursday October 04, 2007 @09:51PM (#20861815) Homepage Journal
    It's not as hard anymore, if you avoid iTunes Music Store.

    1. Set up an account - at Amazon MP3 Music Store [amazon.com], MP3Tunes [mp3tunes.com], eMusic [emusic.com], others in time...
    2. Hope they have a song you want (they might, they might not... probably not yet)
    3. Buy the song (Just takes a click or two)
    4. Put the song on any mp3 player (done, no drm at these stores!)
    5. Play the song on Linux (well, need an mp3 codec but whatev, you need one in windows too)
    6. Share the songs with your friends (Complaining that it's hard to share songs with your friends is the whole purpose of DRM. If you'd respect copyright and let your friends buy their own MP3's, we wouldn't need DRM. You're not legally allowed to redistribute copyrighted songs without authorization from the copyright holder - that goes way beyond fair use imho)
  • by Burdell ( 228580 ) on Thursday October 04, 2007 @10:04PM (#20861931)
    You've successfully spoofed an IP address not on your network for a TCP connection to a file sharing program? I expect a lot of people would be interested in knowing how you did that; it is far from easy.
  • Re:12 peers? HA! (Score:3, Insightful)

    by Dunbal ( 464142 ) on Thursday October 04, 2007 @10:06PM (#20861953)
    you will never be able to do business with [redacted] again.

          Why are you protecting these assholes? If your story is true, you have nothing to fear by smearing their name. Personally I'd like to know who these thieves are so that I can be sure never to buy one of their books.
  • by pootypeople ( 212497 ) on Thursday October 04, 2007 @10:31PM (#20862189)
    considering the record industry believes that ripping a cd is "stealing" and there are few sources for drm-free downloads, they've really got us all in an ugly catch-22. i've bought music online, and i've been burned too many times with the issues of compatibility. i have an xbox 360 and an ipod. if i want to be able to play my music on all the devices i own, it's either got to be mp3s that i "stole" by ripping my music collection or .aacs that i broke the DMCA by decrypting. if you buy the record company's line that ripping is "stealing" i cannot listen to the music i want to on the devices i own.

    i guess they're just trying as hard as hell to make sure i don't listen to new music (which they're doing anyways--all of it sucks!) and i don't spend any money beyond what i have already spent building my collection. i might by emi music because i can get that in a format that will play on both of my devices, but that leaves all the other riaa companies in the lurch.

    regardless, a $222,000 verdict for 24 songs is ridiculous. i haven't listened to a cd in my life that was worth $20,000 a song.
  • by Bootsy Collins ( 549938 ) on Thursday October 04, 2007 @10:34PM (#20862209)
    I agree, and frankly I'd be glad as hell to start hearing about some head honcho guys getting picked off by snipers, or whatever. I'm not even fucking joking. I am getting REALLY SICK of hearing about peoples' lives being totally fucked up because they downloaded some music and left Kazaa running while they were sleeping, or whatever.

    Comments like these might make some kind of sense if we were talking about evil corporations treating us badly because we're trying to breathe, or eat, or something like that. Instead, we're talking about downloading music, and making it available for others to download -- music that's not too hard to obtain by legal means, while at the same time plenty of music that's not similarly encumbered with restrictions is easily available. Are you honestly telling me that you're completely incapable of surviving without a copy of that new Coldplay song? Because otherwise, the whole "rise up violently against the evil corporations" stuff seems beyond the valley of the shadow of absurd. It's like getting mad at your parents and throwing stuff around the house because they wouldn't give you a cookie.
  • by fandog ( 900111 ) on Thursday October 04, 2007 @10:48PM (#20862331)
    You guys don't get it. It doesn't matter how much of their stuff we *don't* buy. You see, whenever we express our displeasure by not buying their stuff, they see lost money on the bottom line. Then they translate this into, "People are now stealing even MORE of our stuff online!". Because hey, if they made X last year, they should make X+some this year. If they don't, then it's time for more lawsuits and legislation!

    Unlike any other industry I'm aware of, they can't be damaged by not buying their products.
  • by Dirtside ( 91468 ) on Thursday October 04, 2007 @10:50PM (#20862351) Journal

    Considering the fact that the majority of jurors are people not smart enough to get out of jury duty

    The jury system is an incredibly important part of our freedom and it doesn't do us any good for you to act like it's beneath you to serve on a jury.

    I used to feel the same way, until I got called to jury duty (bitching and moaning)... and then I served on a jury. And it was a fantastic experience. Yes, boring at times, but I had books to read when the judge and counsel were having private sidebars.

    Back when you spent a week at the courthouse whether they needed you or not, yeah, I can understand it being annoying. These days you're more likely than not to spend only a day, and sometimes not even that, since you can call in by phone and find out whether they even need you to come down.
  • by TehZorroness ( 1104427 ) on Thursday October 04, 2007 @11:01PM (#20862449)
    You may be right about the monopolies, but in a proper socialist government (at least according to my views), art would not be a business (there would be no notion of copyright). People would not write books, music, or movies with cash as their primary incentive. Instead, artwork would truly be the voice of the public - not the voice of the corporations. I am getting very sick of the commercialized bullshit the media feeds us today (This is perhaps the reason I spend a lot of my time on sites such as YTMND, SA, IRC, and slashdot - where the voice of the people can somewhat be heard. In comparison, I spend very little of the say watching TV - perhaps 10 minutes a day).
  • by some damn guy ( 564195 ) on Thursday October 04, 2007 @11:32PM (#20862727)
    Because they're just going to make their money on lawsuits instead? Lawyers aren't like musicians, they aren't going to get stars in their eyes and let the record companies rip them off- they expect to get P-A-I-D. High priced corporate lawyers trying to squeeze blood out of a few radishes is a scare tactic, it belongs in the advertising budget.

    So that makes no sense. If you can really hit them in their bottom line by doing something everyone agrees is OK, then they have to take it and like it or do something really dumb like going after the secondary market.

    But here's how you REALLY hurt the record companies... There are already places where you can take your album, sell it on itunes, and keep 100% of the royalties. That will fucking kill the record industry as long as these places:

    .1. Make the product high quality (nice bitrate) and more convenient than piracy (super fast downloads, instant previews, incredible selection- so no waiting or hunting everywhere, and still no DRM)

    .2. Charge a reasonable price that makes people feel like they got their moneys worth, especially compared to the hassle of stealing.

    So you only need to make piracy inconvenient and charge based on the much, much lower costs of distribution rather than trying to keep it all.

    If this exists, artists keep their work and their royalties and even if half their songs get stolen it's good advertising and they will still come out FAR ahead of the pennies-per-dollar contracts the majors sign people to (if they sign them at all).
  • by katorga ( 623930 ) on Thursday October 04, 2007 @11:35PM (#20862769)
    It is very simple...boycott.

    Don't buy music. Don't buy movies. Don't download music or visit streaming sites. Don't go to the movies. Don't watch TV or listen to the radio. Just drop all commercial content.

    If you need a content fix, buy music directly from unsigned artists. Go to concerts. See local bands. Go to a live theater.

    I
  • Re:Whoops (Score:4, Insightful)

    by QuantumG ( 50515 ) <qg@biodome.org> on Thursday October 04, 2007 @11:39PM (#20862793) Homepage Journal
    Congratulations, they've won.

    Not only do you think it is "illegal" to download music, but you've also taken the ridiculous position that there is anything more than a million to one chance that you will be one of the unlucky few to get noticed by these vultures.

    I suppose you're afraid of terrorist attacks too.

  • by CPNABEND ( 742114 ) on Thursday October 04, 2007 @11:49PM (#20862887) Homepage
    Agreed - And the GREED is the issue. Let's all stop buying music at the box stores! There is plenty of free music on the internet. Oh, wait...
  • by KingSkippus ( 799657 ) * on Friday October 05, 2007 @12:09AM (#20863033) Homepage Journal

    I'd rather believe these guys:

    It is not only his right but also his duty... to find the verdict according to his own best understanding, judgment, and conscience, though in direct opposition to the direction of the court. —John Adams, President and Signer of the Declaration of Independence

    It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision... you [juries] have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy. —John Jay, first Chief Justice of the Supreme Court

    [Juries] function as circuitbreaker[s] in the State's machinery of justice. —Antonin Scalia, Supreme Court Justice

    The condemnation of jury nullification is a relatively recent event in the nation's history. In the North around the time of the Civil War, juries often use nullification in order to protect runaway slaves, which were required by law to be returned to their so-called "owners." Now, though, we've gone from jurists encouraging nullification when needed, through active discouraging using nullification, through dismissing potential jurors who even know what nullification is, all the way to fellow jurors being encouraged to rat you out for dismissal if they suspect that you might be making decisions based on nullification.

    Nullification at one time was thought of a person's last best defense against bad laws. This case is a perfect example of why we still need it, so that people can affect the outcome of such cases in a just and equitable manner, not merely in a way that lobbyists have paid politicians for.

    Oh well, chalk it up to yet one more noble goal of our system that's gone down the drain. However, people need to know that in spite of anything the courts tell you, you do have the right of nullification. As a juror, you need to make decisions not only on the letter of the law, but the spirit of the law as well. As has already been pointed out, though, don't give any indication that you're smart to know that or you will be immediately dismissed.

  • by Strange Ranger ( 454494 ) on Friday October 05, 2007 @12:17AM (#20863109)
    You couldn't be more wrong.

    ...in a society committed to the rule of law

    The U.S. is supposed to be a society committed to justice and the spirit of the law. The quote from U.S. vs Thomas makes it seem like the letter of the law is most important. It isn't. Or at least it shouldn't be.

    That's the WHOLE POINT of trial by jury "of your peers". If the letter of the law was the only criteria for judging guilty vs. innocent, then it wouldn't matter at all who's peers sat in the jury box.
    My "personal issues" are exactly what makes me a much better juror than some thoughtless Turing machine. [wikipedia.org]

    U.S. vs. Thomas is a travesty if you value trial by jury as envisioned by our founding fathers.

    Give the FIJA [fija.org] site a thorough reading. It ought to be mandatory grade-school curriculum.
  • by Atlantis-Rising ( 857278 ) on Friday October 05, 2007 @12:29AM (#20863215) Homepage

    Nullification at one time was thought of a person's last best defense against bad laws. This case is a perfect example of why we still need it, so that people can affect the outcome of such cases in a just and equitable manner, not merely in a way that lobbyists have paid politicians for.

    Except this case was not ill-handled. The law was interpreted correctly, applied correctly, and created apparently correctly. The case was judged in a fair and equitable manner. Just because you don't like it is irrelevant. THIS is why courts and good lawyers hate juries.

    Oh well, chalk it up to yet one more noble goal of our system that's gone down the drain. However, people need to know that in spite of anything the courts tell you, you do have the right of nullification. As a juror, you need to make decisions not only on the letter of the law, but the spirit of the law as well. As has already been pointed out, though, don't give any indication that you're smart to know that or you will be immediately dismissed.

    You have such a de-facto right to acquit or not. You have no right, nor obligation, to make a decision based on the spirit of the law- such would entirely undermine how the law works. There is a good reason why the court system tosses our jurors who know about and are likely to practice jury nullification- because they're loose cannons that pervert the mechanisms of the courts.
  • by Mr. Slippery ( 47854 ) <.tms. .at. .infamous.net.> on Friday October 05, 2007 @12:39AM (#20863273) Homepage

    "We categorically reject the idea that, in a society committed to the rule of law, jury nullification is desirable or that courts may permit it to occur when it is within their authority to prevent. Accordingly, we conclude that a juror who intends to nullify the applicable law is no less subject to dismissal than is a juror who disregards the court's instructions due to an event or relationship that renders him biased or otherwise unable to render a fair and impartial verdict." U.S. v. Thomas.

    That's a crock.

    "The jury has the right to judge both the law as well as the fact in controversy." - Chief Justice John Jay [psu.edu]

    "It's not only ....(the juror's) right, but his duty, in that case, to find the verdict according to his own best understanding, judgement, and conscience, though in direct opposition to the direction of the court." - John Adams [levellers.org]

    "The judge cannot direct a verdict it is true, and the jury has the power to bring in a verdict in the teeth of both law and facts." - Oliver Wendell Holmes [findlaw.com]

    "In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction." -- Constitution of the State of Maryland [md.gov]

    At the time of the framing of the Constitution, it was well understood that a jury meant a panel of persons empowered to render judgment on both the facts and the law. The ignorance - or straight-out power grabbing - of later judges cannot remove this right.

    (I also note that despite the erroneous statement you quote, the court did find the dismissing the juror was an error and remanded the case for new trial.) [findlaw.com]

    but they can certainly (and should) prevent you from sitting on the jury if they feel your impartiality will be threatened by your personal issues.

    There is a large difference between "having personal issues" that make one partial to a person involved in the case, and judging the law and finding it wanting.

  • by LiENUS ( 207736 ) <slashdot@@@vetmanage...com> on Friday October 05, 2007 @12:42AM (#20863305) Homepage
    Discretion is important, agreed; but this is why we have judges. Would you rather your next broken bone be set by a single, well-qualified and experienced surgeon or twelve random guys picked off the street?

    Except that the whole point of a democratic republic is the public thing granted power from the people, those twelve random guys picked off the street are supposed to be the single the ones setting the bone, the single well qualified surgeon is supposed to guide them into setting the bone right.
  • by xero314 ( 722674 ) on Friday October 05, 2007 @12:50AM (#20863367)

    and best of all you'll be doing YOUR part to help kill the record industry!
    Good idea, I mean it's not like any of us actually like music, or the ability to find out about music without having to know exactly what you are looking for. And while we are at it lets take down the movie industry since we know everyone prefers Indie films and we are all getting sick of these multi billion dollar productions like LOTR. I mean who else could possibly get hurt but killing off the media industries? There is no way it could hurt musicians or screen writers, or recording studies, or high end mixing equipment manufacturers. I mean everyone can afford the time and money it takes into producing quality media, we don't need an industry.
  • by Anonymous Coward on Friday October 05, 2007 @12:51AM (#20863385)

    The laws have changed quite a bit. Unless you pretty rich, you can't just walk away from your debt anymore like you used to...
    You watch too much television. She can still do a chapter 7 and discharge all of her debt. The only thing that has changed is the process. There's more paperwork and you have to try credit counseling first. That's it.

    She will go bankrupt and tell the RIAA to eat a dick, but they already knew that. They just want to get it in the paper, "Jury awards 222,000 to RIAA from single mother who shared mp3s online." That's all they're looking for.
  • by Anarchitect_in_oz ( 771448 ) on Friday October 05, 2007 @12:57AM (#20863445)
    The artists of songs that where infringed should find a nice lawyer to make sure they get their cut.
  • A wakeup call (Score:5, Insightful)

    by NewYorkCountryLawyer ( 912032 ) * <ray AT beckermanlegal DOT com> on Friday October 05, 2007 @01:30AM (#20863709) Homepage Journal
    A verdict of $222,000.00, for infringement of 24 song files worth a total of $23.76?

    In a case where there was zero evidence of the defendant having transferred any of those files?.

    It is one of the most irrational things I have ever seen in my life in the law.

    If the Judge doesn't set aside the verdict sua sponte, I expect there to be motion practice to set aside the verdict, based on its obvious unconstitutionality and numerous other reasons, and if that fails I expect there to be a successful appeal.

    It is an outrage, and I hope it is a wakeup call to the world that we all need to start supporting the defendants in these cases, and the attorneys who are sacrificing so much to represent them. And the support cannot be with words, it must be with check books. And it cannot be next year, it must be now.

    All the business people who make a living from the vibrancy, democracy, and freedom of expression which is the internet, need to get behind the RIAA's victims; if they do not, the world in which they hope to thrive and prosper will disappear rapidly.

    The RIAA ghouls smelled blood in Duluth, and I guess they were right.

    But it isn't over.
  • by Bryan Ischo ( 893 ) on Friday October 05, 2007 @01:34AM (#20863751) Homepage
    "She had 400 CDs at one point!!!!!!! They just sued the shit out of one of their best customers!"

    I suppose the RIAA can look at that one of two ways:

    a. She is a great customer who spends lots of money on CDs.
    b. She has the potential to upload 400 CDs worth of copyrighted music for others to illegally share.

    I don't think they'd be entirely wrong if their feelings more closely aligned with (b) than (a).

    However, I think that $220,000 is an absurd amount of damages for something like this, even if she was guilty, which the linked-to article suggests isn't even clear cut. Something like $5,000 to $10,000 damages would be much more reasonable.
  • by some damn guy ( 564195 ) on Friday October 05, 2007 @01:37AM (#20863767)
    I mean who else could possibly get hurt buy killing off the media industries?

    You seem to be missing the joke. Buying used CDs will not actually kill the record industry, any more than piracy will. But the record industry should and will eventually have to change, and it will ultimately benefit both consumers and musicians much more- but at the big boys' expense. This is because their primary role, putting physical discs on shelves, is no longer necessary. That's just how technology works, it changes things- but they want to blame something they think they have (some) control over.

    When everyone has a huge hi-def screen connected to a ultra-high bandwidth connection, television companies and movie chains will no longer control distribution of content either. Everyone from Joe Schmoe to NBC will have their own spot on the dial. Movie theaters will have to get into the 21st century in a big hurry or they will be a thing of the past too.

    The main thing that's happening is not piracy, that's a consequence of the technology but not the fundamental shift that these people most fear. They need to maintain their control of the distribution system far more than they need to contain piracy. Piracy can't get much worse in music and people are still making money. Piracy will always be a psuedo tax on any information industry but the real shift will be who makes the money.

    You bash indie movies, music etc, but it's just a consequenece of lowering of the barriers to entry. The big boys can still play, and will still make whatever you're willing to pay for- they will just have much more competition. (That being said, big budget popcorn movies are definitely going to be an endangered species- mostly because video games will almost completely kill them. People will have to go back to telling stories.)

    You complain, but you will love it. You're disrespecting indie music and movies because you have a preconceived view of them- you won't once more people like you start doing that stuff, and once technology makes creativity king once again. While high end equipment gets cheaper, better and more user friendly, people's ears and eyes will notice the high end less and less. When industries begin to mature, that's what happens.

    So, now remind me... what part of musicians keeping more of their money and their rights is going to discourage them from producing good music again?
  • Re:Whoops (Score:4, Insightful)

    by Splab ( 574204 ) on Friday October 05, 2007 @01:39AM (#20863781)
    Actually bittorent is much better for this in my opinion since 1. RIAA can't see what else you got, so its one file at the time (or album or whatever), and 2. its much harder to actually claim you have shared a whole song since its usually pieces of file you share.
  • by soren100 ( 63191 ) on Friday October 05, 2007 @02:05AM (#20863959)

    "We categorically reject the idea that, in a society committed to the rule of law, jury nullification is desirable or that courts may permit it to occur when it is within their authority to prevent...

      The government can't punish you for returning an acquittal, regardless of the reasons for doing so (and they're reluctant to ask if they do at all); but they can certainly (and should) prevent you from sitting on the jury if they feel your impartiality will be threatened by your personal issues.
    Jury Nullification has nothing to do with "impartiality."

    It has everything to do with the reason for having a "jury of your peers".

    The reason that we have a right to a jury of our peers (and not, say, a professional jury of lawyers or policemen or other vested groups) is that there is the understanding that unfair laws will get passed and unfairly used as weapons.

    Rosa Parks was actually arrested and taken to jail by the police for the real crime of not giving up her seat to a white person. She did do something that was against Alabama law, so would you as an Alabama juror convict her and send her to prison? That would be your only choice, unless you knew about jury nullification.

    There was a guy in Georgia who spent 10 years in jail for the crime of "conspiracy to create marijuana" -- in spite of the fact that he was not found to have possessed or done anything illegal. [creativeloafing.com] His crime was knowing that some of his customers were using the equipment he sold them to grow marijuana.

    Jury nullification is a fantastic tool that needs to be used more often, because we have too many miscarriages of justice in this country. 12 states have rebelled against marijuana laws and instituted medical marijuana policies so far, but the federal government insists on ignoring the will of the people and continues to promote "Prohibition 2.0". Should a person using marijuana for medical purposes be convicted if they are following the law of their state?

    The system may not like jury nullification, but it is the best tool that jurors have to help stop the havoc that unfair laws can cause.
  • by MadnessASAP ( 1052274 ) <madnessasap@gmail.com> on Friday October 05, 2007 @02:25AM (#20864081)
    Works like America, granted though Canada isn't much better but t least we send our shady buisness men to live in the states *cough*Conrad*cough*
  • by KDR_11k ( 778916 ) on Friday October 05, 2007 @03:09AM (#20864365)
    Still not a reason to fine an individual 220000$. If ignoring a settlement and demanding a fair trial is a reason to up your punishment then the fascists have won.
  • by Shakrai ( 717556 ) on Friday October 05, 2007 @04:17AM (#20864691) Journal

    Except this case was not ill-handled. The law was interpreted correctly, applied correctly, and created apparently correctly. The case was judged in a fair and equitable manner. Just because you don't like it is irrelevant. THIS is why courts and good lawyers hate juries.

    Somebody else in this discussion had a valid point. You are sitting on the jury for Rosa Parks [wikipedia.org]. Technically she broke the law. Do you find her guilty? Go back further. You are sitting on the jury for a runaway slave. Technically he also broke the law. What if you were on the jury for the Scopes Trial [wikipedia.org]?

    Hmm, jury nullification is starting to sound better now, isn't it?

    There is a good reason why the court system tosses our jurors who know about and are likely to practice jury nullification- because they're loose cannons that pervert the mechanisms of the courts.

    There is also a good reason why our constitution requires a trial by a jury of your peers. If the law you are accused of breaking is fundamentally unjust then do you really deserve to be punished for breaking it? Are you telling me that if you were sitting on the jury for any of the above examples you'd allow a conviction to happen? Or how about some modern examples? Would you send a terminally ill person with cancer to prison for possessing medical marijuana?

    Short of armed insurrection, the jury system is our last line of defense against Government abuses of power. No wonder the courts and "good lawyers" (to quote you) hate it.

  • by dintech ( 998802 ) on Friday October 05, 2007 @05:21AM (#20865019)
    If you consider how many millions of dollars companies spend on advertising, the bad press generated by this story would be more than enough to offset the financial gain created by the fines and any reduced piracy.

    I hope you're right but I suspect you are not. My feeling is that Joe Sixpack and his family don't mentally associate tyranical RIAA law suits with glossy shrink wrapped Britney albums. People buy into the image of the artists/band rather than the media company behind it and have trouble associating the two.

    Moreover, I think the general public view the RIAA organisation as part of the legal industry rather than part of the music industry. As soon as there is a more obvious link on MTV such as artists called 'RIAA Britney' and so on, then we'll see a change in perception. People just aren't interested enough to find out the mechanics of the situation for themselves. Most people probably are not even interested in discussing it.
  • by jez9999 ( 618189 ) on Friday October 05, 2007 @06:00AM (#20865193) Homepage Journal
    When the dollar devalues, dollar prices INCREASE, not decrease.
  • hooray (Score:2, Insightful)

    by ImTheDarkcyde ( 759406 ) <ImTheDarkcyde@hotmail.com> on Friday October 05, 2007 @08:04AM (#20865835) Journal
    A step forward for people who purchase all of their digital media through LEGAL means, even as we watch our peers shamelessly steal them. Why should I have to pay and they shouldn't? (And before the completely obvious "well why don't you just steal too"- why should I have to lower my moral standards?)
  • by Anonymous Coward on Friday October 05, 2007 @08:57AM (#20866387)
    You might want to read their actual position on issues rather than parrot the FUD spread by piracy activists. The RIAA does *not* object to ripping. They object to trading or re-distributing music you've ripped, whether you do it via an unauthorized p2p site, burning onto CDs and either passing them out or selling them, or otherwise violating their rights.

    From their site:
    Copying CDs

            * It's okay to copy music onto an analog cassette, but not for commercial purposes.
            * It's also okay to copy music onto special Audio CD-R's, mini-discs, and digital tapes (because royalties have been paid on them) - but, again, not for commercial purposes.
            * Beyond that, there's no legal "right" to copy the copyrighted music on a CD onto a CD-R. However, burning a copy of CD onto a CD-R, or transferring a copy onto your computer hard drive or your portable music player, won't usually raise concerns so long as:
                        o The copy is made from an authorized original CD that you legitimately own
                        o The copy is just for your personal use. It's not a personal use - in fact, it's illegal - to give away the copy or lend it to others for copying.
            * The owners of copyrighted music have the right to use protection technology to allow or prevent copying.
            * Remember, it's never okay to sell or make commercial use of a copy that you make.

    http://www.riaa.com/physicalpiracy.php?content_selector=piracy_online_the_law [riaa.com]
  • by EastCoastSurfer ( 310758 ) on Friday October 05, 2007 @09:05AM (#20866479)
    Slow down for a second. Is is the govs. fault that people use credit without thinking of the consequences? There are times where people have bad luck (medical for example) and I feel for them when they have to file for bankruptcy, etc... But people who spend way more than they make, drive cars they can't afford, and buy houses with IO loans I have no sympathy for. Raising the minimum payment on credit cards was actually a good thing for the consumer. Now they are forced to pay it off sooner than they would have otherwise.
  • by jedidiah ( 1196 ) on Friday October 05, 2007 @09:57AM (#20867075) Homepage
    No. But it's government's fault for bailing out the banks and changing the rules.

    It's like copyright extensions. Businesses act in reliance of certain rules and then later in the game have those rules changed so they can more easily make more money.

    Banks lent certain monies to certain people. They had plenty of good information at their disposal to do the risk analysis. Now that the Banks have discovered that they have been STUPID, they want the government to change the rules.

    Bad bank, no money.

    It is also the governments fault for allowing certain predatory lending pratices that anyone with a basic grasp of math should realize will lead to defaults. (universal default, usurious default interest rates, usurious interest rates in general)
  • by hobo sapiens ( 893427 ) <[ ] ['' in gap]> on Friday October 05, 2007 @10:32AM (#20867499) Journal
    Yes. To add to what you said:

    Accountability is a good thing. She should have been forced to pay (maybe fourfold?) for the songs she got caught downloading. 220K is oppressive, though, and this verdict doesn't just stop with her.

    Consider this: The RIAA has a site where you can pay settlement fees (and it accepts credit cards). The scenario: the RIAA accuses you of illegal file sharing and threatens you with a lawsuit (and thanks to this one, that threat carries more weight). Not wanting to go to court, you'll probably choose the settlement. At that point, they can extort anything from you they want.

    In fact, I'd argue that their "settlement" process is little more than extortion. Most people don't have settlement money just lying around, and the site accepts credit cards, so what do people do? Get even more in debt to some large corporation. It may make me sound like a conspiracy theorist, but it seems like some collusion is taking place here. The people are being forced into servitude to the large, rich, and powerful corporations. It's almost like a modern day feudal system. And in this case, why? Over music.

    This 220K figure is not fair. Yes, life's not fair but the law *should* be. That's the whole point of law. When the law upholds such draconian tactics, something is severely out of whack.
  • by EastCoastSurfer ( 310758 ) on Friday October 05, 2007 @11:43AM (#20868509)
    They do eat it when you file bankruptcy. They don't get anywhere near the amount of money you spent back to them in form of payments.

    How about this. Since you have *NO SOURCE OF INCOME*, don't get a credit card! Is personal responsibility really that poor in this country now? It's always someone else's fault and never your own. And yes, when I was in college those same people were there giving away stuff to get a CC. That's also when I got my first CC, but it wasn't a problem b/c my parents had taught me about managing money years earlier. It's not very complicated and can be distilled down to two rules:

    1) Spend less than you make.

    2) Always be working because when you're working not only are you making money, but you're also not spending it.

    By the way, while in college I was working 30 hours/week to, you know, pay for college.
  • by Sloppy ( 14984 ) on Friday October 05, 2007 @12:18PM (#20869169) Homepage Journal

    I challenge Slashdot to boycott the US recording and movie industry

    I object to that wording, because a vast majority (wouldn't surprise me if it exceeded 90%) of the "recording industry" (in other words, musicians who sell CDs) are not RIAA members, are not connected to RIAA's abuses in any way, and have not lobbied for bizarre copyright-related legislation like DMCA, etc.

    Boycott RIAA members, but don't fuck with musicians. Do buy their CDs when you see them. It's Friday: you can probably see some of them tonight. If you haven't bought a CD in years, then
    YOU DON'T ROCK
    and that's about the most damning thing I can say about a person.

    Oh, and I don't know the numbers for filmmakers, but there are shitloads of them who aren't MPAA members, either. Yes, I buy their DVDs whenever they're able to put something out on that format. I can't wait for Necroville [necroville.com] (in which I was a zombie extra ;-) to come out on DVD.

    I guess what I'm saying is, name names. This bullshit is about RIAA and MPAA. It's not about musicians and filmmakers, so target your boycott sensibly, please.

  • by Godeke ( 32895 ) * on Friday October 05, 2007 @02:03PM (#20870991)
    "Issues of fundamental fairness are for a judge or appellate court to decide, not a jury. Had I been sitting on any of the above juries, I would have brought a conviction- because that is what the rule of law requires."

    So you support a rigid enforcement of even immoral actions carried out under the guise of enforcement of the law? Totalitarian and corrupt governments love spineless yes men: they make day to day operations of the machines of injustice operating under the *name* of "justice" so much easier.
  • It's asinine for someone to pay $60k on a crappy legal defense on a case where the facts were against her when she could have settled for $3500. My question is, why did she make this decision? When people do irrational things, I get suspicious. If someone on the street offers me a genuine-looking Rolex for $50, it makes me think something is up. When a housewife from Minnesota spends entirely too much money to get out of a little trouble, it makes me think something is up. There are several possible rational explanations for this - she has deep pockets no one knows about, she has been bankrolled by the EFF under the table, she has been bankrolled by the RIAA under the table, she's very stubborn and likes to stand up for what she believes in even if it costs her big bucks she doesn't have, or maybe she's just as dumb as a box of rocks and didn't see the freight train coming. I would accept any of these explanations if there is evidence for it. Aren't you the slightest bit curious as to what motivated her to reject a settlement when she had such a weak case? Or is her case only weak in hindsight?
    That's easy.

    Because she was innnocent.
  • Re:A wakeup call (Score:2, Insightful)

    by brre ( 596949 ) on Friday October 05, 2007 @07:42PM (#20875041)
    A verdict of $222,000.00, for infringement of 24 song files worth a total of $23.76?

    Yes, it might have been better for those involved to have paid the $23.76.

    Or if they didn't think it was worth $23.76, exercised their choice not to buy the product.

    All this wailing about the penalty does skip lightly over the plain fact that the penalty was 100% avoidable at no cost: don't violate the copyright.

    Does this make everything RIAA does nice, and admirable, and so on? No.

    But I'm tired of the prattle about outsized penalty. It was mid range for the violation, it could have been much more, and I see no reason to believe it was imposed out of line with the facts or the law. It was the price you pay for being found guilty here. If that seems high, you might want to not violate the law. If it seems much cheaper to buy the CD, you might want to buy the CD.

    Again, this doesn't make RIAA right, or smart, or decent. But they had the law on their side and they choose to pursue their legal rights vigorously and they did and they won, most likely and plainly because the defendant was guilty.

    Does this make the law right? I might differ with it, but you know what: it's the law. It was not a secret. It was not hidden in a locked box where the defendant could not see it when she violated the law.

    Does this mean I have no sympathy for the defendant? In fact I do, but I can't say RIAA knocked her down and stole $220,000 from her. The penalty was exactly what she risked when she did what she did.

    And as far as your suggestion that the business people who make a living selling on the Internet need to side with the defendant, you are in most cases completely 100% mistaken: their interests lie on the other side. Think about it. They may not be such jerks about it as RIAA is, but if you're making money selling IP on the net, guess where the protection of your property lies.

"Gravitation cannot be held responsible for people falling in love." -- Albert Einstein

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