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Post Info TOPIC: Huge fine for music file-sharer


Chocolate Pip Cookie

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Huge fine for music file-sharer


Jammie Thomas
Jammie Thomas was said to have shared more than 1,700 songs
A court in the US has ordered a woman to pay $222,000 (£109,000) in damages for illegally file-sharing music.

The jury ordered Jammie Thomas, 32, from Minnesota, to pay for offering to share 24 specific songs online - a cost of $9,250 per song.

But the fine could have been millions, as record companies said she illegally shared a total of 1,702 songs.

Ms Thomas was the first person accused of illegal file-sharing who decided to fight the case in court.

Each year millions of households illegally share music files, and the music industry takes it as a serious threat to its revenue.

About 26,000 lawsuits have been filed against alleged file-sharers, but most defendants settle privately by paying a fine amounting to a few thousand dollars.

Industry defiant

However, contesting the charge and losing will cost Jammie Thomas almost a quarter of a million dollars.


Kazaa screen
Thomas denied using Kazaa to share copyrighted material
Her lawyer, Brian Toder, told the Associated Press Ms Thomas was reduced to tears by the verdict.

"This is a girl that lives from paycheque to paycheque, and now all of a sudden she could get a quarter of her paycheque garnished for the rest of her life," he said.

The US record industry said people would understand the verdict.

Richard Gabriel, a lawyer for the music companies, said the verdict was important.

"This does send a message, I hope, that downloading and distributing our recordings is not OK," he told AP.

He said no decision had yet been made about what the record companies would do, if anything, to pursue collecting the money from Ms Thomas.

(Taken from the BBC)
http://news.bbc.co.uk/1/hi/technology/7029229.stm



-- Edited by pipsar6 at 04:02, 2007-10-05

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Do I look a little pale to you?

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We've discussed this before and I'm still not sure what's right and what's wrong.

But it's odd to me that the record companies go after the person ALLOWING their music to be downloaded, but not the person downloading it.

The way I understand it, they can't really track who's taking the music, they can only track what you make available for others to take from you.

To me, if I've got my computer on and a bunch of music on it, and someone else takes that music from me, EVEN if I've tempted them to do so, I don't see how you can punish the person.

I mean, if I bake a pie and leave it on my window sill, the smell wafting out onto the street, and someone comes by and grabs the pie and runs with it.  Isn't the guy who took the pie STILL the guilty party?

Can the police say, "Well, there's really no way to catch the guy, so we're going to arrest you for putting the pie in a place where he had the opportunity to steal it".

weirdface.gif

The internet scares and frightens me weirdface

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Do I look a little pale to you?

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Oh, and one last thing.

The person they charged here was not making a single penny off of the situation. Not one red cent.

We all know why she was on Kazaa. It was to download music (steal it). But the bottom line is THAT'S not what she was charged for. She was charged for allowing others to take music from her computer.

Are we to the point where we say "well, we can't do anything to you for the crime we believe you committed, so we're gonna trump up some phony charges on something else entirely"?

I probably shouldn't ask OJ what his opinion is biggrin.gif

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Permanent Vacation



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How's the law stated? I believe technically it's illegal to sell or give away the copyrighted material, but not illegal to receive it. It's not like someone stealing something, because she made it available, they didn't steal it. It's more like she took a bunch of stuff to Goodwill (or Kazaa in this case) and Goodwill gave it away.

But I agree, the amount she is being charged for is outrageous. Their whole case is about lost sales, right? So it seems the fair thing to do would be to charge her the going price for a song download (say $1) per person who downloaded it. It's still screwed up.

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Do I look a little pale to you?

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That's a good point about the damages Mz.

As for sharing music though, I really don't think anyone WANTS to share their music. Let's face it, most people couldn't care less if someone is taking the music they have on their computer, they're just there to GET music.

Most folks don't know to turn off the file-sharing on their computer when they use Kazaa or one of the other services.

On VERY rare occassions I still use LimeWire, but only if I can't get a song somewhere else (it's no longer on CD, iTunes doesn't have it, etc). Usually oddities. But I know that before I go on the site I need to move any music on my computer to a non-shared folder.

The only reason I go through the trouble to do that is so I don't get in trouble. It just seems backwards to me. Like I'm doing something they don't want, but they can't touch me. Yet if I simply leave my own, PAID FOR music where it is, they can get me because someone else tried to take it while I was online.


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Chocolate Pip Cookie

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It's all beyond me

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