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Dept. of Justice sides with RIAA in MP3 File-Sharing Lawsuit

by December 06, 2007

The Bush administration officially sided with the RIAA in the latest file-sharing lawsuit. Jamie Thomas, a middle class single mom in Minnesota has been ordered to shell out $222,000 for making 24 MP3s available on Kazaa.

It was the RIAA’s first anti-piracy trial victory. Back in October 2007, a judge ordered Thomas pony up the money. Thomas since appealed the verdict using the defense of a Supreme Court precedent preventing unreasonable fines.

24 songs for $222,000!

Even thought there is no way to know how many times the songs were downloaded and passed on. You can download 24 songs legally from iTunes for $24. Somebody’s estimate of digital music value is seriously out of whack!

The Department of Justice has stepped in because they deem the ruling against Thomas was a perfectly reasonable judgment. DMCA guidelines are intended to compensate copyright owners while acting as a future deterrent.  The DoJ is tasked with the defense of the constitution. The government will exercise its power to defend congressional statutes that may not otherwise survive judicial scrutiny.

The amount Thomas is being fined can be broken down to about $9,250 per song. The clause in the DMCA provides fines of up to $150,000 per illegally downloaded song, in this measure Thomas is getting off cheap.

Jamie Thomas has vowed to solider on. She will probably further appeal and has sworn to “be a thorn in the side of record companies.” You can read her sounding board on MySpace.com where she posts to her blog almost daily.

About the author:

Wayde is a tech-writer and content marketing consultant in Canada s tech hub Waterloo, Ontario and Editorialist for Audioholics.com. He's a big hockey fan as you'd expect from a Canadian. Wayde is also US Army veteran, but his favorite title is just "Dad".

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Recent Forum Posts:

Sheep posts on December 28, 2007 02:25
This is my last post, as this thread has now going in a couple complete circles.

Why is this in the DVD section?

SheepStar
jinjuku posts on December 27, 2007 09:42
AdrianMills, post: 348023
Uh, what?

Where on earth have you picked up that I don't respect people and their hard work? The issue here is about fitting the punishment to the crime, that is all.


Sorry about that Adrian. I leveled that at the wrong person. On the fine, we will have to agree to disagree.
jinjuku posts on December 27, 2007 09:40
Sheep, post: 347929
I just bought 3 CD's in the last 2 days. In our world, you generally get a service, then pay. Music should be no different. My money needs to be earned.

You keep playing this stealing card. Give it a rest. If Hitler had a food cart, would you buy from it? No you'd steal, to see him suffer. The Record labels and the music industry in general screw the bands, take their work and rights, and give them very little in return. I'll buy CDs that are great, song after song, but disks that have 1 good song, then 9 abortions, will not be purchased. If you had your car serviced, and the only one thing out of the 10 things requiring fixing as done well, you'd be damn pissed off, crap your pants and demand a discount. Where is the difference? You can't return an opened CD. Most of the bands I listen to prefer downloading. It's free advertising and it really helps word of mouth publicity, simply because more people can readily experience their work. If they're a good band, they will fill a concert hall.

I also shun downloading because I want to have a hard copy of what I've purchased, so I can use it in many different applications.

SheepStar

Find in any post where I use the word ‘Stealing’. I use the term copyright infringement. Peoples rights are being stepped on. Pure and Simple.

Last time I checked RIAA/MPAA didn't murder six million Jews, or start a war that ended with the USA having to drop a few nukes on a civilian population. Please give that sort of silly argument a rest.

“I'll buy CDs that are great, song after song, but disks that have 1 good song, then 9 abortions, will not be ” I haven't purchased a CD in years that I wasn't able to year a sound snippet on before purchase. Yes I have a few CD's that turned out to be dogs. I am not letting less than 1% of my collection determine how I obtain the other 99%.

“Most of the bands I listen to prefer downloading. It's free advertising and it really helps word of mouth publicity” GREAT!, Truly. That band can decide NOT sign a contract that is NOT in their best interest and they have every RIGHT to put their release out there for mass consumption via download. I would love for that to be the next big thing.

Not all labels are RIAA members either. RIAA isn't the only f'd up association out there. ASCAP actually sued the Girl Scouts of America for pete's sake.

Please don't get me wrong, I have no love of these labels. But for my rights to mean anything, I have to stick up for others rights.
AdrianMills posts on December 27, 2007 06:54
jinjuku, post: 347583
Honestly, I just want people to respect other people and their hard worked for efforts. From what I have seen from you and sheep, it really is too much to ask for.
Uh, what?

Where on earth have you picked up that I don't respect people and their hard work? The issue here is about fitting the punishment to the crime, that is all.

jinjuku, post: 347583
People like you will find excuse after excuse:

1. All the music out there sucks so I am justified. I am assuming that you aren't downloading the music that sucks. But the stuff that doesn't in YHO.

2. RIAA/MPAA are ancient dinosaurs that eat their young. Therefore I am going to stick it to them by down/up loading other peoples content

3. iTunes/Rhapsody/whatever music service place here suck. They are like a virus. Therefore I will install the MUCH better programed and bug free limewire/emule/bearshare/kazaa whatever p2p client and down/up load some one elses content.

4. The list will endlessly go on because the bottom line is: Your cheap, you want 100% of the features for 0% of the cost.

It's hard to give you respect when you clearly have little for others. If you like it buy it. If you don't, don't. If you get caught, I hope you are smart and settle. If you thumb your nose and take it to a jury you're to blame. No one else. I know how to live responsibly and take credit and blame for my actions. Do you?

Dude, I buy my movies and music and I can tell you that I spend a considerable amount of money doing so.

But anyway, that's irrelevant; I'll say it again, it's all about the punishment fitting the crime and giving an individual a 200K fine for sharing songs is way over the top.
Sheep posts on December 26, 2007 22:17
jinjuku, post: 347583
Honestly, I just want people to respect other people and their hard worked for efforts. From what I have seen from you and sheep, it really is too much to ask for.

People like you will find excuse after excuse:

1. All the music out there sucks so I am justified. I am assuming that you aren't downloading the music that sucks. But the stuff that doesn't in YHO.

2. RIAA/MPAA are ancient dinosaurs that eat their young. Therefore I am going to stick it to them by down/up loading other peoples content

3. iTunes/Rhapsody/whatever music service place here suck. They are like a virus. Therefore I will install the MUCH better programed and bug free limewire/emule/bearshare/kazaa whatever p2p client and down/up load some one elses content.

4. The list will endlessly go on because the bottom line is: Your cheap, you want 100% of the features for 0% of the cost.

It's hard to give you respect when you clearly have little for others. If you like it buy it. If you don't, don't. If you get caught, I hope you are smart and settle. If you thumb your nose and take it to a jury you're to blame. No one else. I know how to live responsibly and take credit and blame for my actions. Do you?

I just bought 3 CD's in the last 2 days. In our world, you generally get a service, then pay. Music should be no different. My money needs to be earned.

You keep playing this stealing card. Give it a rest. If Hitler had a food cart, would you buy from it? No you'd steal, to see him suffer. The Record labels and the music industry in general screw the bands, take their work and rights, and give them very little in return. I'll buy CDs that are great, song after song, but disks that have 1 good song, then 9 abortions, will not be purchased. If you had your car serviced, and the only one thing out of the 10 things requiring fixing as done well, you'd be damn pissed off, crap your pants and demand a discount. Where is the difference? You can't return an opened CD. Most of the bands I listen to prefer downloading. It's free advertising and it really helps word of mouth publicity, simply because more people can readily experience their work. If they're a good band, they will fill a concert hall.

I also shun downloading because I want to have a hard copy of what I've purchased, so I can use it in many different applications.

SheepStar
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