dee: do yourself and your computer a favor and find a legitimate music downloader. Limewire will destroy your computer! If you down load it on on computer, every computer in that network will get it.
So if someone shoplifts then they should just be charged the amount of the items? If there is no fine what would be the incentive to not break the law? We could all just go take what we want... why not give it a try if we will only have to ultimately pay for the cost of the items if we get caught? I'm not saying 1.5 million is reasonable, but that is how the criminal justice system works. You punish those who break the law to deter others from doing it. Pretty simple, isn't it?
Sorry to see you bought the "pitiful single mom" card. She broke the law and is now trying to use her kids to get out of it. That's beyond pitiful (downright disgusting, actually) but it doesn't make her immune to the law.
It doesn't matter if she is a single mom or some pimple faced teenager... there is no way in the world that fine is reasonable. She will probably end up filing bankruptcy and the music industry won't see a dime anyway. I think everyone has illegally downloaded music or copied a DVD at some point. The question is why are they making an example out of her? Was she downloading songs by the thousands? Was she selling it to make a profit? Doubtful.
The real damage is done by those who upload the music. I can see a stiff fine for the one who downloads copyrighted material; maybe even $100 per as you have to make it unattractive to take the chance. But the uploader might upload to thousands of people. There's your real criminal.
If you want to upload to or download from "friends" make sure they are friends, indeed, and not on a public site!
And this is why the "Digital Millinium Copyright Act" should be repealed -!
The DMCA doesn't even actually cover or protect "copyright" itself, but enables publishers to have free market reign to make lots of money off of it's musicians and rent music instead of sell it. This is nothing more than stealing with a piece of paper.
Don't forget these are the same people who sued a little girl for a massive amount of money too.
The courts should throw this travesty out, and review the laws that allow such a gross imbalance in our justice system. I agreee 100% that it is defintly unconstitutional and without a doubt ignores the original intent of copyrights to protect artist from profiteering abuse by publishers.
Sorry, I have no sympathy for this woman. What she did was illegal and amounts to theft.
So, if she wanted to be a thief, she could've stolen food for her kids. Even that I could see. Instead, she's now using them as pawns to excuse her thievery of music.
Outrageous. Those kids are better off in the wild--and as far away from her as they can get.
The amounts of these fines are ridiculous!! These vultures are just going after the easy prey. Why dont they just sue the shareware companies that make it possible for these crimes to take place. They are the ones who should be paying the millions in fines.
Burr: this is nothing like shoplifting! the free music sites are everywhere! if its SOooO illegal - get rid of them! stupid rockstars make too much as it is. what the F do they need more money for - hookers booze and drugs right?
Sorry Burr...she didn't just use the songs, she shared and gave them away. They are NOT hers, and the warnings on doing this are EVERYWHERE. Why do people think that artists, whether music or other, should just give things away? Another issue here... broke freeloaders, usually on welfare or other public dole, doing just what they want because they know they'll never pay. If she can't pay, then she should begin to...for the rest of her life, a certain monthly amount taken directly from her welfare check, or other! If you don't like the 'corporate' music industry, then take some lessons and PLAY YOUR OWN!!
None of you every used a casset tape to record your favorite song from the radio when you were younger? Kind of the same concept here. Those of us who used the casset tapes to record got music with out paying for it. There wasn't this much outrage about it back then.
For those of you crying that this is ridiculous.....how about you work for free? Bet you dont think that would be fair. The artists did a job and expect to be paid for their job or are you saying it is not fair that they be paid for their work?
I agree the amount is crazy, but read the WHOLE story. They offered her a settlement of $5000 and she told them to essentially screw off. Too bad for her, I am willing to bet she presented an attitude in court and the Jury picked up on that. Possibly why the amount is so much.
To all you morons who say she should only have to pay $1.00 per song, so you are saying the music lawyers have to work for free right? They should not be compensated for their job.
Amazing she can pay for her Attorney's (yes plural) but not for songs. Oh and by the way, her comment that she will file bankcruptcy, to bad you can not file on claims resulting from criminal actions.
She along with many of you sympythizers need to grow up and accept responsability for your actions. Crying 'I didn't do it' doesnt help when the ip address is linked directly to your house.
If she is smart, she will fess up, say sorry, and seek a reasonable settlement and make payment arrangements. OR here is a novel idea, go to jail for breaking the law.
Some people are taking this as big corporation going against poor single mom. The recording industry is defending the copyrights of artists themselves. She had the opportunity to settle for less than $4000 and she turned it down. Now three trials later she has cost the county she lives in, the recording industry, and herself thousands in legal fees. She willfully stole property. She violated copyright law. Should a bootlegger on the street selling copies of movies, if caught, just pay for the price of the movies he sold? NO, he should be jailed and fined extensively cause he stole property. Music is property, taking something that is not yours is stealing. That is why we have laws for this. You break the law willfully then be willing to pay the consequences.
My question is what is different from downloading a bunch of songs from the net when you can copy those same songs off the radio? I've recorded way more songs off the radio and put to disk then I ever have from the net. Stuff like this reminds me of the time when vcr's first came out and the movie and tv industry tried like heck to get them outlawed because you could record copywrited broadcast. That went to the supreme court where the industry lost its case I really see no difference between the radio or net.
That is why I no longer buy music or down load music except by local artist at their performances. No money going to the music industry from me. BY the way, i have bought over 1000 cd's in the past.
That's why I use Rhapsody, all I want to listen for $130.00 per year can't beat that .... I would say fair would be twice the value and line those people up and clean house that would be thousands of people paying double .... But 1.5 million is ridicules ......
For every song you buy online less than one penny goes to the artist... Less than a @!$%#ing PENNY!
One group wrote an expose on it they got 13,000 downloads on itunes for .99 a peice in one month. Total to the band 124.oo to split 4 ways PLUS they had to give their manager 10 off the top... Yeah who is the real thief again?
@Richie- Can you get Rhaposdy on your Ipod? or what i am trying to say can you get the songs downloaded to your ipod? Because 130.00 is not bad at all. :)
Brian...You are wrong. Not everyone does it. I have not pirated movies or downloaded music that I don't pay for. It is a quality called integrity. It goes hand in hand with a quality called respect.
If someone produces something; music, movies, art etc with a copy write that belongs to them until they sell it. Obviously there are people who have no respect for Artists or those who produce. They feel entitled to do what they wish with another persons property. I find that sad and a disturbing fact of our society.
This woman actually said:
"It's not a fair law," she said. "In my eyes, it's legalized extortion."
This is out of the mouth of a convicted thief. She obviously wasn't too worried about fair while she was stealing. Now she is going to get all righto us.
Let her file bankruptcy. She can sort it out in her own time and her own way. Maybe she will learn that if she acts in a fair manner bad things won't happen.
Those of you who support a fine should do some research on RIAA and its sister company SoundExchange. They are not fighting for the aritists to get paid, they are collecting royalties and holding them and if they are not contacted by the aritsts after 3 years, they keep the royalties. I have tried to contact them myself, they do not answer any type of communication whatsoever; the only way to get them is to go to a severly low staffed office. They do have a team of lawyers and lobbyists though to make and enforce their ridiculous adendumns to the copyright law. They need to be exposed for the scam organization they are....
I think you all are missing something here... the lady uploaded 1,700 songs. They sued over just 24 of the songs (what a deal already)... she has been found guilty three times, and has had 3 different penalties given. She has also had several settlement offers... the most decent of which was a mere $25,000 to a charity. The average settlement is $3,500 for these cases which the 25,000 pales in comparison to ($1041.67/song). The minimum fine for her crime is $18,000 dollars.
Some of you will contest like the idiot lawyer did that that "actual" damages of her crime is but a mere $24.00. What you forget is that her crime is not downloading the songs... it's uploading them to a fileshare program. The real damages come from the people who snagged the otherwise free song that she made available through violation of copyright laws.
If every one of the 24 songs was downloaded only 750 times - then the $18,000 dollars is justified - add in the cost of the legal expenses ... and she's a fool for having not accepted the $25,000. I have no sympathy for criminals, and I wish the best for her kids.
she knew it was illegal. she set a very bad example for the kids she is so concerned about. if its $1 per tune on itunes she should have gone there. she figured she could steal it for free. only feels bad about getting caught. make her pay.
This is all BS. First, unless she was downloading unreleased music, the music has already been in the public domain via radio, cable or satellite broadcasts. Second, if she was keeping the music for herself(accept the file sharing network where no one pays) she could have just as easily recorded these songs from public sources. This is just music companies and major artists that are trying to wring every dime they can from the public. Soon there will be legislation before congress to put a user fee or tax on public radio stations for the music the record companies used to pay them to play. This isn't something I made up, there is actual pending legislation for just this purpose and the majority of the money will go to the music companies the majority of which are owned by overseas interests. If they wish to increase their sales and profits, try bringing the cost of a CD down from $20 to $10. The materials and media are no more expensive then old fashion vinyl that used to sell for $5 an album. As long as the woman wasn't using it to profit from another artists work then she should be able to down load and keep whatever she wants especially if it has been on the radio, or television.
Anyone that is stupid enough to listen to or down load that garbage called music should have to pay,why dosen't she down load something that these low lifed politicians and CEO,S are dowing to dumb the people down,that garbage is just what they want you to pay attention to and stay un informed.
Burr made a great point...if the punishment isn't worth more than the original value, then why not steal everything. Worst that happens is you end up paying what you would have in the first place.
Further, this woman probably actually UPLOADED those 24 songs to several people. That is usually who the record companies go after. If that is the case, it cost them more than 24 dollars. It cost them a dollar for everytime she uploaded each of the songs, who knows how many times.
Her uploading songs she doesn't own would be the equivalent of walking down the street and selling peoples' cars that you see on the side of the road (or just giving them away to other people). Just because they are accessible to you and maybe you don't agree with the price the dealers charge for them, doesn't mean you have the right to sell them yourself.
This woman should pay $20,000 and call herself lucky no one else is suing her; i.e. other musicians, song writers, producers, etc. This kind of stuff goes on all the time. If a person wants a tune, they should pay for it. Shame on her for stealing.
Boo hoo hoo, she can use the money to take care of her kids. Wake the hell up! Some of us have kids and having kids doesn't give anyone the right to steal. It boils down to being honest and not ripping people off. What kind of example is she teaching her kids?
This trial must be about our rights. Its like an idea, people copy actions and ideas all of the time. I don't believe that the music industry lost anything because the people who down loaded the music would have never bought the music in the first place. And the music industry has the technology to format the music to players only. They really caused this whole thing. I just don't understand where they plan on going with it. This could cause some real damage to themselfs in the end. I say set the presedent and let the cards fall.
Why is it that the poor people are the one the DA's always choose to make an example out of??? I don"t condone illegal downloading of music but this is an example where the punishment far exceeds the crime. Her lawyers should be disbarred for allowing her to bury herself this way that is what I find most outrageous. They should have to pay her fine for screwing her life up. Where is the Bar Association when you need them.
She is lucky she did not get criminally charged for theft. Three juries of her peers found that what she did was willful copyright infringement and decided the amount of damages. She did this hundreds of times. I have no sympathy for her. I pay my 99 cents per song. It is really a small price to pay - one of the few things that has gone down in price over the last 20 years.
As far as getting money out of the RIAA, I would suggest getting a lawyer or group of lawyers to file class actions on behalf of underpaid artists. If there is really a systemic problem, I am sure there is no shortage of lawyers who would love to take a high-profile, potentially lucrative case like that.
She should have paid the $1 per song BEFORE she ileagally downloaded and shared the music. Thjis is a fine. Although the amount is extreme, she should pay a considerable amount. She was offered a settlement of $5,000. She refused, so she deserves whatever fine is decided by the jury. Be careful what you ask for.
I just remembered something about bankruptcy.....since that is her attitude. I do believe those laws were changed recently that she CAN ONLY bankrupt 90% of the amount. Maybe that is why they set the amount so high, cause she ran her mouth and said she would just file bankruptcy. 10% 1.5m = 150k she would still have to pay.
I may be wrong about this. I still think she cant file because it is a criminal act she was slapped with [I am thinking that is why she hasnt filed already]
@Burr. I really doubt she's using the "pitiful mom" card, you might not have thought of this, but this might actually be a PROBLEM, for a mother with kids to come up with 1.5 million dollars for a few downloaded songs. Ever think she just might be telling it like it is? That SHOULD be in her argument. Because anyone ridiculous enough to charge a person that much money over downloaded songs NEEDS to understand how it will affect the person. A serious and dangerous criminal would never even be charged half that much. I'm glad you have your opinions, but if you were in her position, I doubt you'd keep them.
What I want to know is who is paying her legal fees? Does she work? Why does she think she ought not serve the time. If she wont pay te put her on the side to the road picking up trash with a sign saying " I broke the law" and make her work off the fines she should pay. Maybe she'll think twice before breaking the law.
I do believe that there are more convicted Drug smugglers, Money launderers, Kidnappers, Ponzi scheme artists, Gas station robbers, Mortgage fraud conspirators, Domestic abusers, Tax cheats, Blind Enron execs, Child smugglers, Man-slaughterers - combined who were fined less than this $1,500,000 ridiculous amount of money!!!!! Please...everyone of us reading this has at one time or another downloaded music w/out paying for it!!!
Everyone on here chastising her about doing this ought to look at themselves in the mirror and ask, could this happen to me!
I promise she knew she was doing something wrong and didn't care. I read nothing in this article that indicated that she felt bad for stealing so she should get what the crime deserves.
Ok so you people think its ok for this lady to be charged 1.5 million dollars for the damages caused by downloading 24 songs? Yet Angelo mozzillo STOLE $179 MILLION F-ING DOLLARS OUTRIGHT AND ONLY HAS TO PAY BACK LESS THAN HALF OF THAT MONEY??? AND HIS NEW EMPLOYER IS PICKING UP THE TAB. AMERICAS PRIORITIES ARE SCREWED UP!!! So what she downloaded songs. Let me tell you this: there are literally thousands of musicians who would never have made it in the business if their songs hadnt been "illegally" shared on the internet. Anyone ever heard of Five Finger Death Punch? they only got famous because of people sharing their music on MYSPACE. I bet you now though they would sue if someone was caught sharing their music "illegally" When musicians are nothing and no one knows them the internet is the ONLY way they can be heard but once they're famous its now ILLEGAL? Heres my solution DONT BUY MUSIC FROM WHINEY CRYSACKS THAT COMPLAIN ABOUT THEIR MUSIC BEING SHARED. WHEN IS IT GOING TO BE ILLEGAL TO LISTEN TO MUSIC AT A FRIENDS HOUSE BECAUSE YOU DIDNT PURCHASE IT YOURSELF???
IF YOU DONT WANT YOUR MUSIC SHARED WITH PEOPLE DONT BE IN THE MUSIC INDUSTRY!!! DONT MAKE MUSIC AND DONT LISTEN TO IT!!! iF YOU DONT WANT TO SHARE YOUR MUSIC KEEP IT TO YOURSELF. DONT COMPLAIN WHEN THE PEOPLE WHO SUPPORT YOUR LIFESTYLE WANT TO SHARE A LITTLE BIT OF MUSIC FOR FREE.
Too many times I've bought a new album from a band I liked and it was crap. Why should I have to pay for music that I have never heard and might not like? If you want me to buy an album you better believe I'm gonna listen to it first.
@ Ken Johnson - I have never downloaded music without paying for it. I believe it is morally wrong, and that I am stealing from the artist and disincentivizing future artists.
@guito - my advice is that if a new album from a band you like is crap, don't buy any more from them. Also, you might try reading reviews first or listening to the 30 second blurb they play on iTunes for free. It doesn't justify stealing.
Why they don't go after the source, the developers of the filesharing programs? And out of all the people that download from these programs she's the one who gets caught? Did she hack the record label and took that music? No, and 24 songs for personal use is petty when there's people who sell pirated music and movies in parking lots and flea markets across the country for a profit and I can think of only one person serving time for that.
Why does the headline need to list her as a single mom? Should we feel more sorry for her than anyone else because she had complete control over her reproduction at every stage and decided to deliver a baby without securing a willing father through marriage? Not just one baby. One. Two. Three. Four. Four babies. And a mortgage?
At least the song list wasn't completely horrible. She was accused of serving up over 1000 songs to millions of users.
Single Mom took a greater financial risk, so Single Mom should pay some sort of fine. A search on the topic states she turned down an initial offer to settle for $25,000. Single Mom keeps f**cking up.
Seriously, so I guess all you who say she's getting what she deserves never made mix tapes for anyone before, recorded songs off the radio or made copies of a CD you bought and gave it away? I have no pity for the recording industry or the artists. They are not hurting for cash, they don't have to wonder how to make next months rent. If they want to fine her, take 1 dollar for each song, just like she would have paid for them. And for all of you that say she should have taken the recording industrys first offer of 5000, do any of you even understand what that kind of money means to a single mother of four?
Oh she is guilty but has anyone been listening to the crappy music the industry has been forcing us to listen to lately? $9,250/song, then $80,000 per song and now they will settle for $25,000? Given the deplorable quality of today's music, I think a more reasonable sum she should be forced to pay would be 35 cents per song.
guito... The music is not yours, and you have no right to justify otherwise - period. "Share a little bit of music"? READ! READ THE THING BEFORE YOU JUMP! She literally GAVE these songs to thousands of people! She only got sued for 24 of them.Soooo, that pretty well wraps up about 1/2 of your rantings. The other 1/2 involves your unhappiness for a record album. So sorry for your loss.
You know, up until a few years ago music underwent intensive production. Studio produced music employs more than just the artists, it also employs the production board manufacturer, their employees, the sound board engineer, the studio architect and the construction workers who build it, the interior designer, the carpenter, the soundproof glass and walls (which are not cheap), which in turn employs the people who produce the soundproof material, management teams, promotional teams, the producer, executives and lawyers, instrument makers, instrument salesmen and compensation for when artists destroy things, i.e. hotels, stages, equipment. Essentially, up until the onset of computer-based recording programs allowing any Mike in a dormatory with a laptop to produce quality sound, album production was a major undertaking. It did cost the companies money and for their production and promotion investment they were rewarded handsomely with royalties. As they should be.
This is theft (yes, of course I've done it -- anyone who says they haven't is likely a liar), but it is theft -- cut and dry. For those decrying the industry for attacking the single Mom and not the source, they have. Sean Parker and the high-profile Napster case, along with The Pirate Bay creators and their internment in Swedish prison are just two of the many cases highlighting the industry's press on not only those who utilize the marketplace, but on those who create the marketplace to begin with.
She knew it wrong and she did it anyway. What's more, the reason they're specifically targeting this woman is because she not only downloaded the music, but also shared the music across the site. That's distrubution of stolen materials and that's a major felony in American states. So she was keen enough to extort from the industry but it shocked when the industry in turn attempts to extort her, and using her kids as a shield is the lowest form of scumsucking in our society today. What kind of an example has this woman set? Steal, deceive, fight your accusers and then use an innocent as leverage to deter punishment for your actions. That's just disgusting. And as someone said, yeah... there will be no bankruptcy in this case because it's going to have resulted from a criminal act, which (thankfully) we do not bail people out for (yet).
The Recording Industry apparently has plenty of money for attorneys, so how can they claim any actual injury, especially since they know she will declare bankruptcy and pay them nothing anyway. She should just pay them $24 and be done with it.
what about a small handshake cause she listens to their music.. thats about all they need if the music company's keep the royalty's away from the bands themselves.
Lastly, it's .99 cents a song. If you buy an album, you're generally cut a deal and can get it for $5.99, $7.99 or $9.99 on Amazon. She could've made her life a whole lot easier by not being a deceitful tightwad and ponying up a few bucks for something that doesn't belong to her.
Ken Johnson,you are wrong I have not heard any thing that I would down load or listen to,so do not say that we all have down loaded that garbage.thank you.
stealing music is the same as stealing someones paycheck. If our society has so little regard for artistry in any form, art will die and so will the soul of the human being.
Do unto others as you would have them do unto you. She should pay by community service teaching the kids why it is wrong to steal music.
She knew exactly what she was doing. I'm sick of these whiners! Don't break the law, and you won't have any problem. "I'd like to find her little child and kick it's little a— _."
If you insist on breaking the law, face the music. Further, this is a terrible example for her children to see their mother getting away with breaking the law. Pay the fine.
The amount is extreme. She has been offered a smaller reasonable amount and declined.
Big issue here is that she is using her children as an excuse. She didn't say she would pay a resonable amount, she said she would NOT pay any amount. Was she thinking of her children when she committed the crime? I think not. Has she thought about how humilated her children are because of her criminal behavior, probably not.
As to her attorney only wanting her to pay the original $1 per song fee, that is just crazy. I wonder if she was a victim of a burgerly if she would only want the current value of what was stolen. Fines are a deterant. Do we ever question when someone is awarded emotional damages that is reasonable or if they are fined $500,00 for dealing drugs?
I`m amazed they don`t have their shills out stalking garage sales, to make sure there isn`t any records, tapes or CDs being sold without them getting the profits from it. I can see it now, people running garage sales being taken to court for not paying royalties from the sale of their old records tapes and CDs. I wouldn`t put it past them at all, after this.
Back in the mid seventies, a friend of mine was asked by a local rock group to record a set they were doing at the local hotel, so they could listen to it later and see what mistakes they needed to work on. So he setup his equipment, and started to record it. About twenty minutes into it, a man walked up to him, and asked him to stop recording. My friend asked him who he was, and he stated that he was with ASCAP. The band stopped playing, and it took a half hour just to get it through his thick head, they weren`t going to sell the recording, but use it to help them work out any mistakes they are making. Then he wanted to know, how much they were making from playing that night. That topped it off. They didn`t make a dime, because if they did, they would have to pay a percentage of what they made because of the copyrights.
The sad part is, the song writers, and the musicians who did the original work, gets very little if any profits, when the bulk of it goes to the label that put it out.
No wonder so many musicians are staying away from the big labels, and making the CDs themselves. Their being robbed under contract.
It's ridiculous - she should give them $1.00 a song that's what you pay on Itunes...
Huh? So, SuzyQPA, you think it's ok to steal, get a slap on the wrist and be able to go on your merry way? How ridiculous.
If that were how the law worked, almost everyone would steal. Why would you allow this woman to steal copyrighted music, get caught and NOT get charged much more than what you and I would legally pay for our music? You're thinking like a thief yourself, lady.
she had the opportunity to pay $1.00 a song but instead felt she was entitles to "steal". I think $100.00 per song for theft, plus 2 years in a federal prison plus the cost of caring for her kids while incarcerated would be a fair sentence for someone that thinks she has the right to rip off anyone she pleases.
Okay. Reality check, here. This woman knowingly and wilfully not only downloaded these songs she shared them online with countless others. And we are not talking about the twenty-four she was actually charged with but 1,700 in total. the RIAA opted to only file on the 24 but this woman was guilty of much more than violations on the 24. Furthermore, she had an opportunity to get out of this for $25,000 which she could have negotiated a long-term payoff or taken a loan. Instead, she turned down that offer, forcing more trials, taking up court time and money, costing large sums for paying jurors' fees (as modest as they are) and pay/salaries of court staff.
If this woman was a man, would she have been viewed more sternly by this collective? And what if she was guilty of ... perhaps child molestation? Or grand theft? Or bank robbery? Would she have been viewed more kindly here or just by other bank robbers or child molestors? She stole intellectual and artistic property and disseminated it to others as though it were so much crack or heroin. This is about punitive damages to the industry not what the actual loss was. This woman knew before she ever posted her first download that what she was doing was illegal. But, like every other crook, she just never thought she'd get caught.
Well, she did get caught and she should be made to pay for her crime. Yes, $1.5 M is outrageous but she did bring this on herself. She had an opportunity to pay 6,000 percent less. Let me repeat that ... SIX THOUSAND PERCENT LESS! If this silly woman was so concerned about feeding her children and paying her mortgage, maybe she should not have been spending so much time stealing music off the internet! And, like every other crook, if she doesn't pay the fine, she can be made to spend time in jail.
Hmph! At least them her children would have food and clothes and a roof over their heads. Wouldn't be hers but they would be taken care of, wouldn't they?
What I want to know is where was the industry years ago ....when I could lend an album(an actual vinyl album) or a cassette to a friend and they could copy it and the industry wasn't whining then....I wonder why that is. It is because the people in the music industry back then played music and created music they were not in it for the corporate crap like they are now. All the music 'created' now is studioized and more than half of them can't sing worth a darn in real life. Come on tell me how Taylor Swift has a music contract.....she is monotone, heavy breathes and talks through her 'songs' she is NOT a musician she is a studio/commercial creation to make the record companies money. They shove people down our throats and tell us that they are talented.........and as sheeple the population all follows along like good little lemmings and buys the garbage that the industry tells them they should like and they should buy. The majority of the artists that are complaining about it own their record label therefore ARE corporate people. True artists actually want their music to be heard and enjoyed........not for free I am sure however without the internet and companies such as limewire there are many musicians that would NEVER have been heard by more than a few people. The fine for this is ridiculous to be sure but who are they making look bad......not her as she will get sympathy as another poster said how many people can say they never borrowed and copied an album, cassette, cd or song from a friend.........so what's next is LL bean or Liz Claiborne or Ann Taylor going to prevent me from lending a sweater to a friend of mine without paying a stipend to them too......or maybe if I lend my friend my car for a day are they going to be required to pay a fee to the car maker............be careful this is a slippery slope. If the original upload can be proven to have been purchased all that person is doing is 'lending' it to the friend...........talk about BIG BROTHER.....
Not even criminals get such a punishment! that is ridiculos, they should make her pay the actual cost of it, and do some community work, l believe is more than enought, they are hurting her children and they are inocent! BS!!!
I absolutely agree. I am so sick of this "single mom" excuse business. I was a single mother for 10 years and I didn't go around breaking the law. As an artist myself, I am apalled at people who try to circumvent copyright law. And if you have time to sit and download that amount of music maybe you should be working a second job to take care of those kids. Take RESPONSIBILITY for your actions!!!!
Recording off the radio IS legal and is expressily addressed in the law. You are usually not getting the whole song and the quality off the radio is NOT the same. It is the SAME law used to allow you to a copy in another format of music you purchased (like a backup).
More people are involved in the chain to get the music in your hands legally besides the artist. There are the people that write the songs, the studio musicians, the studio time and it's expenses, the marketing, the actual manufacturing of the cd's, the artist's rep (agent) that they do have an agreed upon contract to follow, the warehousing expenses, the shipping expenses, the store expenses, and everyone of these deserve a profit.
Music is copied because it is easy. You rarely see this in books because it is hard. The way the law reads, you may loan your book/cd to your buddy but you are giving up YOUR right to us it at the same time.
Theft is Theft no matter who is doing it. Everyone up the retail chain from the artist to the store has right to price things to cover their expenses plus make a profit and the artist agreed to that ahead of time. A lot of times the recording company loans the artist the money to put the albums together hoping that they sell enough to make back what they gave the artist, AS A LOAN. I know a lot of artists and they are NOT millionares. They did make agreements though to pay their managers AND the owner of the copywrited songs. Most artists DON'T write their own music or at least they do not write 100% of what they record. The people who wrote them deserve a cut and if they sold the copywrite to the studio then the studio paid them what they feel they could make back with a profit. Anymore though when the one who writes the music sells the copywrite the contract includes a clause saying that they will get an amount (fixed or percentage) for every copy or use of the song above what the studio (or whomever) purchased the copywrite.
Well we all download something free that you would have to pay some amount for it but instead of going after the person who downloaded it go after the person you UPLOADED! it in the first place. Movies that are recorded inside the theater then uploaded on the net is one thing but music it can only be a hand full of people. It was done by the band themself or someone who works in the studio. Some where around there the music was released and then uploaded on to the net so go after the ones who put it on the net and stop going after the ones who download it anything on the net that we can get free should be free without haveing to pay for it.
I am trying to figure out why the award is so high and what she actually did to warrant the charges. This article is strictly dealing with the fines.
That said, I abhor people who steal copyright. I work in the entertainment industry and PROTECT artists' copyrights.
Contrary to the comments that she should pay $1 a song - you forgot about statutory damages which are applicable in the cases of willful copyright infringement. The article reported the amount.
IT IS ILLEGAL TO INFRINGE ON COPYRIGHTS. Have you ever noticed the FBI warning on your DVDs?
I protect copyrights because that is how artists make a living. How would you feel if your employer did not pay your wages?
That is exactly how copyright owners feel when people steal their work.
Apparently THREE JURIES DEMANDED HEFTY CASH so she must have been really bad. Somewhere in the article they mentioned 1700 songs but the focus was only on 24.
Let's put this into perspective. The Movie and Music industry always used the tag line 'You wouldn't shoplift a CD or DVD, why would you illegally download it?' or something similar.
Had she SHOPLIFTED the 24 songs (2 CD's) she would have been charged in a criminal court under state law rather than in federal civil court. She would have been responsible for restitution of $500 or up to 50x the value of the product stolen, which ever is greater. At $1.00 song $12.00/ CD), that's $1,200 MAXIMUM restitution!
But a civil court can award $1.5 million and you people are OK with that??? With that mentality I hope none of you ever get into a car accident because you will get sued for 500,000x ACTUAL DAMAGES! I don't think even AllState will protect you from THAT.
It's not about how much she stole from them in one action, it's that her actions caused a large loss of revenue for the industry. She was offered a ridiculously low settlement amount but rejected it, so now her penalty should include the cost of attorneys for the opposite side.
Recording off the radio IS legal and is expressily addressed in the law. You are usually not getting the whole song and the quality off the radio is NOT the same. It is the SAME law used to allow you to a copy in another format of music you purchased (like a backup).
This is called Fair Use. However, you can not sell the recording you made for YOUR PERSONAL ENJOYMENT OR BACKUP because then that is COPYRIGHT INFRINGEMENT.
Yeah I know this is wrong! people dowload music everyday, whether its legally, or illegally, and yes, the songs on itunes are just a dollar, why should they sue one person for millions of dollars when really they should just be sueing the music downloading sites.
are you kiffing??? she STOLE that music. there must be some consequence for that, and it should hurt. she should pay some amount that repays for the music she stole PLUS an amount that causes some pain in her financial life. sorry about her kids, but how else can this be stopped?
I know my post is going to bring out the stone throwers, but really, it doesn't bother me. The truth is the truth no matter how many want it not to be.
While I agree, the fine is ridiculous, I also have to agree that if it weren't, people wouldn't "get it". But then, I guess we should all remember....this is a generation of entitlement. All things should be free, right?
Ok, take a look at what you are saying. YOU are the musician this time, or the artist, or the photographer...whatever kind of art you do. You've worked hard to write the song, record the song, and go on tour with the song, which by the way, doesn't come cheap. You're paying managers, bus drivers, recording studios, convention centers, advertisers, etc., etc., etc. So now you find out someone is STEALING your song, your money (stealing is the appropriate word, since that's what it is.) your royalties and the money you are entitled to for the art that you produce. Would you still think it was ok if they were stealing out of YOUR fortune, or your child's fortune? Of course not. Stealing, is stealing. Period. It's a crime. You play, you pay.
The part you all don't "get", is the fact that if someone uploaded the song, and 1 or 2 or even 10 million people DOWNLOADED that song, it isn't a mere $24. It's that dollar for every person that downloaded it illegally, instead of paying that lousy dollar to do it legally. That means the musicians etc, have lost 1 million, 2 million, 10 million dollars. (you imagine how many people got the song by stealing it and then multiply that by the one single dollar they could have paid for it). THEN, go back to my original question. If it were YOUR money, or your CHILD'S profession and money, would it still be ok?
And if this woman can't feed her kids, what is she doing with a computer and paying DSL, cable or whatever she uses to download that illegal music? If her kids came first, then she should have been attending to them and their needs, not sitting around on a computer getting involved in illegal activity.
I could lend an album(an actual vinyl album) or a cassette to a friend and they could copy it and the industry wasn't whining then....I wonder why that is.
I can answer. Your album was not digitally recorded and you didn't have the internet.
All these file sharing programs made it super easy to steal music. The recording industry has to protect its profits.
After all, the recording industry players paid lots of money to create, promote and market the music.
Now that it is so easy to steal, they are fighting back and were succesful in getting super high statutory damages to try and halt the THEFT.
I do not blame them one speck because it's their livelihood.
Or, how about you just hand over your salary to me every payday and we'll call it even.
Before the computer age they DID go after the people who made massive quantities of copies to give away or sell (called pirating), they did NOT spend the expenses to go after one or two copies because most people could not afford the time or expenses to get the equipment to make massive quantities. NOW, we have sitting on our table the equipment with the capability to distribute thousands to millions to ... copies for very little cost. Programs like Kazza are filesharing programs. You are not getting the file of one central server. You are getting files of any machine with kazza installed and you must install it to get your copy of another kazza machine.
first of all no should nor anyone else should be charged for the downloads it should be the creator of the website that should be charged....
reason 1. when you first sign on it ask if you want to pay or get the free trial..
reason 3. the person or persons who made it are very well responsible for putting such a website!!
so no i do not believe that this poor lady should be charged with these downloads, granted some people do know that limewire is bad news but somepeople just dont know!!! so leave her alone and go after the ones who put the site up in the first place other networks had to go through all the right steps to get their websites up and also pay for their websites up so why should lime wire not be responsible for all them downloads....
This is ridiculous! If she was receiving financial gain, I would agree with the decision. I do not see the harm of sharing music. They need to go after the people who make bootleg albums and sell them.
Illegal. Is illegal. Is illegal. She should have taken care of her kids while listening to the radio that she could have bought at Walmart for $10 bucks.
She was offered a ridiculously low settlement amount but rejected it, so now her penalty should include the cost of attorneys for the opposite side.
That's not how it works exactly but I'd be happy to bring you to court next time to see if the judge buys your argument.
For all you people who think the fine is so hefty, here is the actual law. Ever hear the term, ignorance of the law is no excuse? Well, it's not an excuse here either.
TITLE 17> CHAPTER 5 > § 504 Remedies for infringement: Damages and profits
(c) Statutory Damages.—
(1) Except as provided by clause (2) of this subsection, the copyright owner may elect, at any time before final judgment is rendered, to recover, instead of actual damages and profits, an award of statutory damages for all infringements involved in the action, with respect to any one work, for which any one infringer is liable individually, or for which any two or more infringers are liable jointly and severally, in a sum of not less than $750 or more than $30,000 as the court considers just. For the purposes of this subsection, all the parts of a compilation or derivative work constitute one work.
People continue to miss the point. Illegal activity should be punished so our country will stop with corruption and free handouts and thievery. Perhaps the fine is excessive and a less restitution is more fair.
Burr-959636 and Karen in Los Angeles, you all are both morons....I hope you all get charged $250,000.000 for the next traffic ticket you receive, because you're obviously missing the point.
Lime Wire LLC has blocked the LimeWire service from the Gnutella peer-to-peer network via an isolation technology the company covertly installed, a source close to the company said.
"As a result of a court-ordered injunction, we are required to disable 'the searching, downloading, uploading, file trading and/or file distribution functionality, and/or all functionality; of LimeWire's P2P file-sharing software," Lime Wire spokeswoman Tiffany Guarnaccia told PCMag.com.
Pay the $1.00 a song for every song she downloaded, then add a fine for doing it. Over a million dollar fine is just wrong, they do not fine shoplifters over a million dollars. They pay a fine, sometimes do jail time.
This is a matter of recording companies gone wild. I don't download songs for free, and I don't think she will ever again. But a hefty fine of $2500.00 to teach a lesson and the price of all the songs not just the 27 they sued over should be good enough.
What did OUR mothers tell us?.."If everyone jumped off of a bridge, would you jump too?" We all know the difference between right and wrong. the fact that many people commit this very same crime doesn't mean its okay to do it. I agree the punishment seems too big for the crime, but it was a risk she was willing to take.
What a scam! You think this is newsworthy. Make her pay the iTunes price and may be a hundred dollar fine with community service and be done with it. Some lawyer is scamming on this one to get famous. Do you think that she has that kind of money ($1.5 mil)? Uh, no! She is going to have to appeal or, most probably, discharge the debt via Ch. 7 bankruptcy. What a lose-lose situation.
Yes, this is ridiculous! For YEARS the news has been out that the RIAA will pursue copywrite infringers. Therefore, she must have know the gamble she was taking. And the article states that she violated 1700 times, of which only 24 were pursued.
There is no way she can afford to pay $1.5 million, but she should be accountable for blatant copy-write infringement.
How would any of us plain citizens feel if something we worked hard at was stolen by people rather than pay for the art they steal? And yes, it IS stealing!
Sure, Mel Gibson can afford to spend about $600,000 month, and other popular entertainers can do likewise. THAT IS THEIR BENEFIT FOR HAVING SUFFICIENT TALENT THAT PEOPLE PAY TO EXPERIENCE.
Duh! Are they supposed to work for free? Sure, they have millions and will not even miss a few dollars here or there for songs and movies that are bootlegged, BUT THAT IS MERE JUSTIFICATION FOR STEALING.
I used to record music from Kaazaa, but I stopped as soon as I heard about the RIAA suits. If someone wants to continue to play with fire, of course they will get burned.
I hope the judge reduces the penalty, but something should address a flagrant violation.
ridiculous or not. she took a chance and broke the law. got caught, so now pay the price. red light cameras are also against the law and ridiculous, but get caught and guess what happens. would not have happened if she didn't think that she could screw over someone. itunes $1.00, sounds like a bargin now.
Money can buy anything or anyone! The music industry has bought the Congress and they pass so called anti piracy laws so the music industry does not have tio invest in secure media. The justice departnent does their job on the taxpayers dime and enforcement of intellectual rights is done through fear and intimidation by our own government - not by software that the music industry would have to invest in!
$ 1.5M is ridiculous, and they know it... where's she going to get the money from? However, I see it like this: The lady has been intentionally breaking the law and knew, that she was going to be made an example of, if caught. So she was ordered to pay $5K, and she refused, because she thought, it wasn't fair - again ignoring laws that she knew about-, and therefore the example had to be made an example of. It's kinda like the dopes who publicly smoke weed and then cry & scream 'Unfair! It's harmless!', when they get arrested.
But let's be fair. How come we get to listen to crap music that we don't want and not be compensated for having to endure it?
Karen... a lot of people here are unable to even comprehend the meaning of the articles title: "Single mom can't pay $1.5 song-sharing fine" so you're gonna get some odd ball comments.
The emphasis needs to be on "song-sharing" - she isn't being punished for downloading songs, she being punished for 24 of 1,700 songs she uploaded to a file sharing site. After scrolling through tons of comments since my last one (#1.34)... people just can't seem to understand the meaining of taking a person's intellectual copyrighted property and giving it away without permission.
The minimum fine is 750 dollars per song, the maximum I believe is 30,000. The 1.5million, and the 1.9million fines were atrociously horrendous...
When you STEAL music, you are not just stealing from an overpaid "artist" who won't miss the money. It takes a lot of people to make the songs you listen to, and most of them are underpaid and underappreciated. When you steal music, you are ripping them off even more so. Their paychecks have to come from somewhere, and the companies probably don't pay people like Ashley Simpson any less when they're hurting because the fans pay all attention to whoever the pretty lead singer (or dancing lead lip-syncher) is, and have no idea or care where the real talent in the songs comes from.
Pay for your music so the people with real talent behind the pretty faces can keep entertaining you. Or do you want the stars to start making their own "music?" Even the few talented stars need talented people backing them up. They don't do it all themselves.
People have to learn that music, movies & all kinds of art are intellectual property & represent the way an artist/writer makes a living & in many cases a modest living for hours of hard work & dedication. Illegal downloading is theft which must stop but in this case the fine is completely ridiculous & stupid. Pay a modest fine and do some community service or something & save the big fines to the real thieves like the bankers & brokers that have gone unpunished while their victims lose their homes & jobs.
I think she should have to pay a dollar for every song....... every time some else downloaded it....... then again every time some one down loaded it from them! And so on and so on!!! Like royalties!!!
ya, she could feed her childern, but she could have bought groceries with the money she spent on the I-pod, get a life, if its illegal its illegal, what part of that doesn't anyone understand
I think that she did break the law but she has to pay the price. But I no that lots of people have illegally downloaded at one point no matter what they say they have we all have. So if they get her why not they sue the whole world , rediculous i know so they should just settle on like $2,000. I know that its wrong, she herself knows its wrong. But since they sue her for that amount they look like jerks. I'm not saying that its wright, but I am saying that they look like jerks if they sue her for that much. I know music producers make money by selling those 24 songs, but its like this the CUT pure truness BOTTOM LINE we ALL have done it she should say she's sorry, pay a REASONABLE amount like so to say $2,000 and be done with it they would have to have filters on everybody's computers stealing we all know it's wrong but no - a - days that's like a given, like buying an i pod and getting headphones you know. All i'm saying to wrap it up is this has gone WAY TO FAR.
Here's another thought... if you use Kazaa or Limewire, or whatever else... you are NOT required to share your files, but you're regarded as a leach (ha-ha). Could've cut down on her fine considerably. :)
She should pay $1 a song? That's ridiculous! $1 a song is the price BEFORE you steal it! She knew she was stealing music...she should have thought about the consequences BEFORE she stole. Everybody and their mom knows the penalty for illegally downloading music these days...warnings are listed everywhere. She just thought that SHE wouldn't get caught and singled out, so SHE decided to carry on illegally 1,700 times! What an idiot!! Why would people stop illegally downloading if there was no punishment for it?! I think she needs to pay, but the 1.5 million is an absurd amount! Something more along the lines of $100-1000 per charge would be fair. Unfortunately, her having to take care of her kids is not an excuse...should we excuse every single person currently doing time, paying fines or being punished for stealing/theft/robbery because they have kids that they should be supporting? Whether you agree with the law or not, the bottom line is she consciously and purposely committed a crime...DON'T DO THE CRIME IF YOU DON'T WANT TO BE STUCK DOING THE TIME!! I don't feel sorry for her at all...she needs to pay for her bad decisions.
Those of you who support a fine should do some research on RIAA and its sister company SoundExchange. They are not fighting for the aritists to get paid, they are collecting royalties and holding them and if they are not contacted by the aritsts after 3 years, they keep the royalties.
This is wrong. The RIAA does not collect royalties.
BMI, ASCAP and SESAC collect royalties. These organizations are called performing rights organizations. RIAA is a trade group.
RAT POISON - I think the numbers you posted are correct re: damages but there is more to it. I posted a link to the law and you can read it yourself. I do not totally agree it should be limited to filesharing sites. Even in movie theaters, we receive public service announcements that filesharing IS ILLEGAL.
I am ashamed of our court system to let 3 jury's waste their time and all the court time on 24 songs! this is what our country is about forget about all the people on death row that need to be put to death. She already stated she wasn't going to pay so then we have another bankruptcy, if it is illegal than give her a punishment and be done with it.
Is it illegal to go into a library to check out a book? Why is it illegal to download songs? I mean, back in the day, we would copy tapes of songs for our friends or girlfriends and it was all good. But now the music companies pay a lot of money to make sure these stupid laws are passed because they don't make enough money from concert sales, music that's already being sold, etc., right?
It's not about being techno savvy it's about priorities, responsibilities and theft. She says she can't feed her children if she pays for songs - well how about this FEED YOUR CHILDREN. Enough said.
if she didn't want to pay she should not download the music....and don't use your "single Mother" status as an exuse....that's an insult to all Single Mothers !!!!!
What is the difference in what this woman has done, and recording cassette tapes from songs on the radio ten years ago? If there is a difference let me know, or leave this woman alone... unless you never taped your favorite song!
So what is more important to her??? Music or her children??? She should have paid the cost to DL music in the first place! Then her fine would not have even been an issue! prioritize mom! Be honost! If your children come first, why is DL music even an issue!? She may just be trying to get time with the media world! Bite it girl and get a real life!
I misread some of your post and just wanted to acknowledge that. Sorry.
You are absolutely correct that she is in super trouble because she willfully uploaded songs on to a filesharing site, which in turn were distributed to other people, and so on.
THAT IS THE POINT.
The reason why the award is so high is because she kept refusing to pay and the fine kept increasing. If you read the law, there is more room for damages than the amounts you cited.
I was not on the jury and did not read the entire case but can only assume that it kept going up because of her bad attitude that she did not think she was wrong and that she should not have to pay because she's a single mother.
I am sorry I have to disagree with you. She willing broke the law. She has shown no remorse or even said I am sorry. She has fought to try and get out of this. As far as yeah if she did it the legal way she would of paid 24 buck, but she chose to do break several federal laws she is lucky she is not in Jail now. The reason she now is ordered to pay this large amount is due to this facr she knew and still broke the law and she has not even said I am sorry. I have friends who have taken pay cuts due to this sort of thing. I am sure it does not really hurt the artist he will get his, but one who works for the recording company t omake the song or the artist workers who go on the road with him some have even lost there jobs since the artist not want to lose money it just good business
he needs to take responsibility for her own actions and she cannot file bankrupy do to the fact she broke a federal law and do not forget that they can still charge her with the crime and sent her to prision. I think she should of taken the first offer of settlement, but like most everyone else in this world it is eaiser to steal as long as you not have to pay it back. Try going into a bank or and airport and act like you have a gun and even though no one would get hurt you will go to jail same difference She got got and now has to pay, I hope she and everyone else has learded a valuable lesson here do not break the law unless you can pay for your crimes
You know what I think?......wasted tax dollars on court and legal fees. Single mothers who can hardly afford to feed there children will not be paying $1.5M in fines. Just call it the largest collection account ever recorded. Lets get real. I cant understand why any attorney would bother taking this to trial. Makes for a good story to read I guess in hopes to deter other music pirates.
These "Artists" should be treated as they are - trained monkeys...and should be payed as such.
They are not artists at all, but, rather, flim-flam people. They owe US...we dont owe THEM.
They should be glad we listen to them at all.
They dont need more money just to put up their noses or in their arm.
THAT being said, this judgment is NON-dischargeable in bankruptcy - it is an intentional tort. They will be able to get 25% of her net earnings (after exemptions) for LIFE.
I think we should all go on strike and refuse to buy ANY music.
Come on, people. READ the article - SHE HAD 1700 SONGS. They only chose to prosecute for 24.
Those songs are shared. If each one was shared 10 times, then she is responsible for the theft and distribution of 17,000 songs.
All those comments that don't look at this as a "real crime," or say the music business makes too much money are probably from serial downloaders trying to convince themselves that they are not criminals either.
You can try to spin it, but IT"S STILL STEALING.
For those who download. What if it was your business? If you owned a successful bakery and someone comes by every day and just takes a donut, how would you react? Would it be, "Well, I make too much money, so it's ok if someone takes some." How about, "No, Mr. Policman, he shouldn't have to pay the $250 fine for shoplifting, just $.70 for the donut."
Ok so let me get this straight, they want to make this lady pay 1.5 million dollars for illegally downloading music? Yes it is illegal and so are drugs I have been to court and I can guarantee that 3/4 of the cases are dealt with drugs and they get away with a slap on the wrist, who was she hurting? The musicians that get paid what she owes in a day! It's pretty pathetic the law is looking for people illegally downloading music instead of murderers, drug dealers, druggies etc. PRETTY DAMN PATHETIC!!!!!!
There is a lot more to this than just downloading 24 songs. The pertinent details are not in this article. No jury would come up with these numbers for some simple personal download.
The fine is unrealistically high, but of course you should be fined something. Its stealing, and helping other people steal. When someone robs a store and gets caught, do we let them off the hook for paying the value of the items stolen? No. And if they had the money for the item, they should have paid for it instead of just taking it. I have a degree in audio. It was an expensive degree. When people steal music, some people like me don't get paid. Just because the artists may be rich and famous doesn't mean the behind the scenes people are too. We're usually not. P.S. stealing from the rich is still stealing, and its NOT OK. This isn't a violent crime, but its not a victim-less one either. All should be held accountable for their actions. Now, do I expect a mother of 4 to pay over a million dollars for it? No. But I also expect a mother of 4 to be more honest and use better judgement.
1.5 million is way to much! I bet if she went into best buy and stole a cd with 24 songs on it and shared it with her friends she wouldn't get a 1.5 million dollar fine. What she did was wrong but not 65000 dollars a song wrong...
If she stole from a retail store, she would have to pay a fine. The reason the fine is high because it is meant to discourage theft from an easy mark for thieves. People need to understand, whether they agree with it or not, that until the law changes this is theft of property from which someone and more likely, a group of people are earning their living. What about their children?
for a single mom to be downloading all those songs sounds like she has to much time on here hands. Is she collecting a welfare check? But yet again F Corporate America...... You people are complaing that artists should get paid...well they do by the millions.GOD only in america would and idiot post stupid illiterate opinions standing up for someone who makes more than at least 20-30 working class people. And you people wonder why our country is in a recession. Quit paying 100 a ticket to a show. Quit paying 20-30 dollars for a music cd. People in this country are just plain DUMB why cant you fellow Americans Wake the F*** up. PLEASE FOR THE SAKE OF THIS COUNTRY AND WHAT IT WAS FOUNDED ON. THE CONSTITUTION WILL NEVER CHANGE SO THOSE OF YOU WHO THINK WERE CHANGING GOOD LUCK!!!!!!!!!!!!
She deserves to pay a penalty, not just pay the price she would have paid if she chose to purchase in the first place. Theft is criminal and should pertain to music the same as theft of any property.
"There is no way to do the wrong thing right" - Barry Layl
1.5mil is a stupid amount, and i think 24$ for getting cought is also not enough, if your going to do it, dont get cought and if you get cought expect a fine, but maybe a 100$ fine for each song would be reasonable amount, 100 times the amount she'd have paid from i tunes
and realy if they want to get people to stop "stealing" music, then they need to go after those people who record to tapes, and what about those people who still record on a vhs or tivo then copy to dvd? and you can record tv on your computer, thats stealing to, why just the people who rip off a 1$ song from time to time? isn't there bigger issues in the country then 1$ songs?? we should be worried about these government workers who give them selfs 20k$ bonuses and raises every year, fine them just for being ignorant
Really? i mean come on they will go after people for downloading songs BUT THE COURTS wont go after dead beat fathers that havent paid child support in years because when they find the dead beat dads THE COURTS SAY THEY HAVE TO DO IT BY THE BOOK (which really just gives the dead beat dads time to run else here)! COME ON WHERES THE PRIORITIES?? Hey MUSIC industry does this mean if we by a bad cd we can return it for our money and then some for the time it took to buy the cd,listen to it and realize sometimes you guys just release crap instead of good quality music?
She could have settled for a couple thousand dollars. She refuses to accept any responsibility. That is why she is being penalized so severely. Someone has to be made an example of in order to deter these kinds of CRIMES people. Stealing has always been a crime and will always be. You can't go into a record store and steal a CD, Right?
I belive that she should be punished for the full amount of the damages. She stole 24 dollars worth of music, she should be punished as if she had shoplifted 24 dollars woth of merchandise.
She is not paying for downloading them she is paying for uploading them or in other words downloading them for free and then giving them away to a bunch of people. Maybe you can give her a call and let her come to your house and start giving away all your stuff and family heirlooms. You not really need a car she can give all your stuff away. I am sure you would be the first at the police station saying you want that crazy woman arrested. She is very , very , very luck she has not been charged in a Federal court of law if that were the case she would have 24 charges and each charge carries like 10 years or so. The government can still charge her and no she can not file bankruptcy since it is a federal crime she committed the downloading is not as serious as her giving them away.
Actually since she has wasted a lot of other peoples time and $$ she should pay the $1 per song plus all the tax payor $ spent on lawyer fees and court costs...
True, the actual damages might only be $24, but the rest can be considered punitive damages. There are copyright laws that have to be enforced and this will give anyone else considering to do what she did something to think about.
These songs are somebody's private and intellectual proprerty and they are entitled to earn their rightful commisions each and every time their song is distributed/shared. We have absolutely NO RIGHT to share another's intellectual property without first securing permission.
It boils down to this...suppose you make widgets for a living. You sell your widgets for a profit,which is your business.Now let's say some dirtbag comes along,grabs your widgets,and just starts to give them away. That's right,you're being cheated! Same thing applies here.
Everybody does it, 1.5 million is way to much. The music industry is paying their lawyers tens of thousands of dollars to go after this women and at the end they won't get a cent...
What part of illegal do people not understand. If you do the crime you should pay the fine. Illegal means that you did it intentionally and with malice which means you knew you were doing wrong to begin with. I get tired of these people playing the "my poor little children will suffer" card once they get caught. What are they teaching their kids - "It's alright to take what others have till you get caught then cry and whine your way out of it." We have enough freeloading in this country. If you don't have the money then don't buy the honey. I work for what I have and have never taken anything from anyone. To put it plain, it's called STEALING.
Actually that is what the jury decided... $1 per song plus lawyers fees.. Which adds up to about 1.5 Million for the three trials. Can anyone say tort reform... Anyways.... she deserves it!! Pay up the $5000 fine which is what... $3 a song? but she refused and wanted lawyers involved. She gambled and lost. Now what? Does she want to settle for $5000 now?? To bad so sad!!!! She probably voted for the same party that supports this kind of legal action.
I agree. It is cruel and unusual punishment. If you want to punish her then charge her the most like $15.00 per song which is what you would have lost from the people that downloaded. But the reason it is so excessive is that they want to scare everyone. Make her an example! I don't agree with what she did, but neither do I agree with them railroading her to scare others.
I can't believe the amount of the fine, and think she would have been better off paying for the songs! If she didn't, as she says, download them, then who did?? Got any teenagers in the house? And no, I'm not prejudiced against youth, but many times teenagers download music without reading all the fine print that goes with it! In my opinion, her appeals processes are costing us more than what she is fined, and Heaven help, if she has to PAY all the court costs!! If you steal from a store, you get caught, they DON'T just let you pay the amount of what you stole!! You pay with fines or jail! If you rob a bank, you get jail time, so why should she get off scot free?? Innocent? I don't think so. Millions are downloading music off someone else's site, possibly friends or family, and never think a thing about it, but 2,700 songs and never paying a dime for them? That is theft, regardless of what she thinks!! Go ahead and file bankruptcy, lady, you are still a thief and now everyone knows it!!
snoozer-2114352 : Read the article... comprehend the article, the settlement was $5000.00 per song, the average is $3,500.00... the best settlement had her at $1,041.67 per song which she refused. The lady is an idiot of the highest degree and my sympathies to her kids.
Frank45 : If you upload a song to a file sharing site, be prepared to pay a fine of $750-$30,000 dollars per song. "Everybody does it" is not an excuse the federal judge will accept.
Bob Dennis-2616071 : "True, the actual damages might only be $24..." incorrect... because we're not talking about the lady downloading songs illegally... we're talking about her uploading 1,700 songs to a file share site - violating copyright laws and allowing people to download for free. How many times was each song downloaded? I guarantee it well exceeds $24 dollars. Why else do you think the law has the fine set at the amounts listed to Frank45?
Chris Jenkins-2615906 : Read the article, hell just read the title... it's not about her downloading... again its about her uploading the files for distribution. It's the same as going to the movie store and renting a movie... taking it home and making 10,000 copies and then giving them away.
Read the article folks, reading all these comments is a face-palm moment litered with the embarassing realization that the simple language went over your heads.
This is what happens when the industry writes the laws. The most recent patent and copyright act is draconian to say the least. There are licensing agencies who are hitting up small sandwich shops for fees for playing the radio. If Microsoft or whoever decides to sue you, then you will go bankrupt or pay them an amount they consider sufficient to send a message to everybody else. Free speach isn't free.
This is really unjust for them to prove a point. After all it is the people who make their record label so rich in the first place. Back in the day people would record on a cassette tape off of the radio. I think they need another 1.5 million. A 500 fine might have been more reasonable. Wait to go Recording Industry makes me not want to listen to any of their artist anymore! Thank god for the internet half their songs wouldnt be what they are ... Justin Beiber and the other that were found on the net! Look at them now sold out concerts and they are rich. Next they will fine us for singing their songs on Karaoke Night.
Great...the only one who really gets punished is the taxpayer. Or do they expect the lady to pay $1.5M fine, court costs, lawyer costs, etc.? Even better, go lock her up, so we can pay for her children too. I'm not saying she has a right to pirate songs, or share them on the internet, for that matter, but all I can see is a lose-lose situation that helps absolutely no one. The damn system is broken.
Everyone is sorry when they get caught. We all know this is illegal and if we get caught we have to pay the price.
The price on the other hand is way too steep. Even if it was 10 times the price of the song it would make a bit more sense. Stealing is stealing and you can dress it up anyway you want but If I own something and someone else takes it I'm not too happy!
There are laws against this type of stealing, however this is to an extreme. The recording industry should be ashamed of themselves. This is a waste of taxpayer money. My money, that I pay into our govenment. I have never downloaded music nor do I intend on it. The music industry that took her to court, is just as guilty of bad business practices as she is of stealing their recorded music.
wow are you serious?!?!?! do you kow how many ppl downlaoad music everyday!??! and then you want her to pay 1.5 million dollars the mnusic companies aret hurting at all. its your going to 'punish' her then make her pay $1.00 per song she downlaoaded and be done with it we are not mad of money and its hard times right now your wasting tax money by taking this poor women to court. grow up charge her $24.00 and be done with it. Its not that serious. I guess thats why I had to delete my limewire...
What the article fails to address is that sites such as Limewire have multiple users who share files, and if more than one person is "seeding" a file (connected and sharing the same file) the program alternates from computer to computer in order to download it faster, thus a user who is "seeding" a popular song may, in reality, only be uploading a snippet of a song file. Since song snippets are frely available, hardly a crime.
And I haven't seen anyone address the cassette comparison. I bought countless records on vinyl in the 60's and 70's, and I made copies of those albums on tape to play in my cassette player in my car. Should I have had to pay full price for a cassette version of the music I'd already purchased? I don't think so. So if I download something today, it's usually something I used to own on vinyl, and since I already purchased that music once, I'm simply using a different medium for my previously purchased material. I shouldn't (and won't) pay twice for the same item.
I'm speaking only for myself here, but fair includes ALL people, me included. If the world weren't so full of greedy lawyers, laws, that allow anyone to sue anyone for any amount, and artists who think their brainfarts are priceless intellectual property, the whole world would be better off and MY TAXMONEY wouldn't pay for out-of-context nonsense cases like this. I don't care for any kind of music, I'm the better without it. Per my own definition, most musicians are either too lazy or not qualified to get a real job that contributes to society.
I think that most of us, including most posters above, have downloaded music, but for our own use. This woman, however, for reasons not made clear, decided to distribute the music to thousands. No mention seems to be made of her having profited from her actions, but otherwise, her motives are unclear.
That said, I still think the fine is ridiculously high. Maybe they really want her to go to prison as an example to others.
Come on now this woman is being asked to pay too much money for all of this needs.when it was probably one of her kids that did most of the music downloads.
Personally I believe the music downloads should only cost between $.10 and $.25you may say that's not enough money to cover the artists fees but I disagree it is the cost of doing business that's their problem. Music isn't worth any more than $.10 a download or $.25 if it's good. An entire album can be downloaded for about $5.
you must remember most of the fees that she is paying it's going to go to pay the firm of the attorneys that are sewing her. So it's the greedy attorneys that are making the majority of the money.
But I totally agree that this woman is being sued for way too much mone. And like they say you can't get blood out of a turnip.
The difference between the copying of vinyl onto cassette FOR YOUR OWN USE is different than making copies of downloads and SELLING THEM is simple. Making a profit off other peoples intellectual property is theft. Making a copy of personal property to proetect your investment is simple common sense. SHe deliberately stole the work of others and sold it for profit. Now, she needs to pay the price.
Why can't more people not have to pay for their crimes? The neigbor's kid steals all the time. Stealing is not a crime it's just liquor stores, they don't need the money, it was only 200 dollars and that is all he should have to pay back. He never had to shoot at anybody.... 4 years is a long time in jail, he can't feed his family now.
There's a time for a slap on the wrist and a time for a slap on the butt. Make her pay! Her life won't be over after bankruptcy. She will have learned a hard lesson and we'll all take notice.
Ridiculous, they say that they are using the money for starving musicians (not the musicians who's music was downloaded).
So how then do they justify the legal and attorney fees they have paid out (could have been used to fund the starving musicians)when in reality she will file bankrupcy and not pay a dime.
Don't blame the recording industry (lobbyists) for writing the laws. It's congress who votes to approve them and we vote to put them in office. We need a little less talking and a little more action. Take responsibility and vote or even lobby for your own laws.
Like Hillery Clinton said ...use the Internet ..it has so much for you...
I am a singer songwriter and I welcome anyone to come to get my songs to listen AND D/L for free...
I am sick and tired of these rich SOB"s getting rich on everyone's hard earned money ..FOR WHAT??? a song...
some of these so called songs are not even music ...
Just don't d/l any Gagag's songs ..If that's what you wanna call em..
  AND FOR ALL THOSE WHO THINK THEY ARE LIVING WITHOUT SIN for not d/l songs.... WOW!!!!! great for you...you will go straight to Heaven you lucky SOB"S ...
your life is so squeaky clean to come on here and tell everyone they are thief's... just because you don't d/l from Internet..
remember unless you have someones permission,, you should not take ANYTHING off the Internet .. according to you.... it is steeling....
uninsured, most of those that are screaming that the lady should pay because she "is breaking the law" are the same idiots that will believe any lie that they can find on the internet as long as it has been spoon-fed to them by some rich media stooge.
A lot of messages here have made the comparison between file sharing and recording off the radio or from a CD. They are not the same. It is legal to record a song off the radio and it is legal to make a copy of a CD you purchased, so long as they are for personal use. On the radio, the song is in the public domain. With the CD, you have already purchased a copy. It becomes against the law as soon as you give a copy to someone else. With file sharing or uploading songs, that person is now sharing innumerable copies of a file/song with others. From what I understand, this women uploaded and shared 24 songs (apparently she downloaded over 1,000). If she had only downloaded the songs and kept them to herself, that would be stealing because the songs were not in the public domain and she didn't own a copy. But instead, she gave someone else's property away to untold numbers of people. That's why the fine is so high.
I'm not saying I think the amount of money is completely appropriate, but her crime is much different than taping a song off the radio.
While this fine appears ridiculous at first glance, this lady willfully stole 1,700 songs and shared them with countless people. That possibly amounts to infinite sales the record company and the artsist have lost because of her CRIMINAL actions.
The eventual fine seems large since she didn't commit a violent crime. Why Did she refuse to pay the $5,000?? That could have been payed via payment plan and was quite reasonable. I really hope she takes responsibility. That would be a great lesson for her kids, the ones she is trying to feed.
WOW. Seriously concerned about the US literacy rate just from the commentary b/c it seems ppl fail to read for comprehension yet feel free to embellish.
Nowhere in this article did it say she was "poor".
Nowhere in this artile did it say she was "on welfare supported by [your] tax dollars".
Nowhere in this article did it say she has ultimate control over the press coverage & insisted the phrase "single mom" be inserted in the article's title.
The 1st 2 things are embellished assumptions (& y'all know what they say about assume by now). The fact that she is lacking a spouse atm has nothing to do w/ anything, but it sure does lead some of y'all off on tangential garden paths.
Unbelieveable, she's their whipping post. Someone like her could never pay that type of money. They are not wanting her money, they want yours! Remember, there's a sucker born a minute & two to take him. They are the "two to take her" in this case. It's all about the money honey.
Why go after a single mother instead of any one of the thousands upon thousands of other people that commit the same "crime" regularly? Do the people who say that she deserved the fine even realize how common using p2p software to share music and other files is, especially among teenagers and college students? The kids at the college that I went to that live in on-campus dorms used the broadband provided by the college to do the same thing that this lady did, and on a much larger scale. Please go look through your childrens' computers. Look at the playlists on their IPods. Did he or she pay for every song on it? Most kids use Kazaa, or something like it. We can ruin the future of the next generation too if you like. Is every copyrighted item on your computer yours?
We live in the Information Age. Zeros and ones will propagate through networks whether you like it or not.
This goes to show you the greed of the music and movie industry. As a kid I was coping LP's on to cassettes and even 8 tracks. Everyone has done it and there will always be someone who can get around it. Murderer's don't even get to pay that much or being busted with drugs. What our Judical system need todo something besides going after something so stupid and wasting tax payers money for court cost. That city is paying a million dollars everyday that that is in court. And alot of people agree with this. Look where your tax money is going first on something so stupid.
Laughable. But here's a solution, the American way. No, you can't sue 'em, so sell the rights to your courtroom drama to some filmmaker. Judging by the 5,000+ comments here, I'm sure there'll be some bored out of their skulls folks who'd watch this. Collect your royalties, pay off your fine & feed your children, everyone's happy and the world isn't much dumber for one more boring movie or documentation, just as it isn't for listening to pirated gangsta rap, that promotes violence, crime, sexual abuse and racism.
Why is it not ok for this woman to steal other people's intellectual property rights, but it's ok for a corporation to steal the intellectual property rights of individuals (I am referring to the big flap about the magazine that got caught stealing other people's articles... it's all over the consumerist and other sites right now in case you're unfamiliar)? She should be made to pay no more than they are.
Some of you it seems need a brush up on basic law. This woman was NOT fined! Only the various government agencies can impose fines. She was NOT charged with a crime, again, only the government can do that.
She was sued, in federal CIVIL court and a jury awarded $1.5 million.
An obscene amount of money for $24 worth of music. While I respect artist intellectual property rights, these oscene lawsuits do nothing for the public opinion of the industry, many of todays artists would still be playing for bar whores and drunks if it werent for the illegal downloaders and the industry has sold itself out charging nearly the same for a digital copy of a CD as they do for a physical copy despite the lack of production, shipping, stocking costs.
What she did was wrong, but was petty theft. She isn't Kenneth Lay of Enron
NO $1.00 a song is if you BUY IT....she clearly felt that those artists didnt deserve a $1 and STOLE THEM!!! So...heres what I propose.... the sentence should be the same as if she entered a store and stole the cd from the store. Shes a cyber shoplifter.... but 1.5 million... who the hells smoking crack in the courts... its a simple shoplifting case....MILLIONS OF THEM ARE SENTENCED A DAY. A $1 per song..... 1.5 million..... Y'ALL are crazy!!! Moderation people.....moderation.....
Actually, from what I understand, she uploaded the songs to the website, or whatever it is. This makes available a song that normally would cost money free to anyone who stumbles across the download. If you take into account how many times each song that she uploaded was downloaded for free, I can see how they would arrive at a seemingly outrageous number.
This woman deserves a hefty fine - maybe not $1.5 mil, but I think the $5,000 they mentioned seemed like she would be getting off too easy. Maybe she'll learn her lesson.
Uninsured- if YOU are a songwriter, I'm Miley Cyrus. NO songwriter wants his/her work stolen, then given away to others. They worked their asses of to create that music. IF they wanted that music given away for free, THEY would have downoaded it to the free site THEMSELVES!! When you create intellectual property, it is exactly that- PROPERTY. You sell copies of it, but you are not selling the rights to it. You maintain ownership of the ideas, and NO ONE ELSE has the right to profit from your work unless you PAY them to do so (agents, managers, recording companies, etc).
OK...A $1 per song? Then, how about she continue to pay that same $1.00 per song, for every other person that downloaded the music that she ILLEGALLY put on the internet. She needs to pay for
her ignorance?! Play by the rules or be penalized in society. PERIOD!
Get real she's being asked to pay way too much money. The music isn't even worth that much money.
Buying a cassette or CD they own that copy of the music and have a right to back it up.
To put it simply who put the music on the Internet and who did she download it from. Are they going to sue them to and what if they downloaded it from somebody else. Are they going to sue them to. This'll wind up being a never ending chain of events. One lawsuit after another that is ridiculous. What is this woman supposed to do starve her kids. That would be child abuse. The truth is this sheet music is what they get royalties for. Not the song day saying. That's the way it should be but if you want to support the songwriter by giving her a buck or two. Being good for you.
And who says this woman was selling the music that she downloaded in the first place. She might have uploaded one or two of her old songs. But how does that hurt the artist? It seems to me that it's good public relations.( good advertising). And the music that you download free is never that good anyways. If you want to get the better music you will have to pay a little bit for the download. Because then it's a quality downloaded.
And people that download music usually wind up going to the store and buying the artis song on CD.
The Digital Millennium Copyright Act (DMCA) was signed into law by
1
President Clinton on October 28, 1998. The legislation implements two 1996 World
Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and
the WIPO Performances and Phonograms Treaty. The DMCA also addresses a
number of other significant copyright-related issues.
The DMCA is divided into five titles:
! Title I, the “WIPO Copyright and Performances and Phonograms
Treaties Implementation Act of 1998,” implements the WIPO
treaties.
! Title II, the “Online Copyright Infringement Liability Limitation
Act,” creates limitations on the liability of online service providers for
copyright infringement when engaging in certain types of activities.
! Title III, the “Computer Maintenance Competition Assurance
Act,” creates an exemption for making a copy of a computer program
by activating a computer for purposes of maintenance or repair.
! Title IV contains six miscellaneous provisions, relating to the
functions of the Copyright Office, distance education, the exceptions
in the Copyright Act for libraries and for making ephemeral recordings,
“webcasting” of sound recordings on the Internet, and the applicability
of collective bargaining agreement obligations in the case of transfers
of rights in motion pictures.
! Title V, the “Vessel Hull Design Protection Act,” creates a new form
of protection for the design of vessel hulls.
This memorandum summarizes briefly each title of the DMCA. It provides
merely an overview of the law’s provisions; for purposes of length and readability a
significant amount of detail has been omitted. A complete understanding of any
provision of the DMCA requires reference to the text of the legislation itself.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 2
TITLE I: WIPO TREATY IMPLEMENTATION
Title I implements the WIPO treaties. First, it makes certain technical
amendments to U.S. law, in order to provide appropriate references and links to the
treaties. Second, it creates two new prohibitions in Title 17 of the U.S. Code—one on
circumvention of technological measures used by copyright owners to protect their
works and one on tampering with copyright management information—and adds civil
remedies and criminal penalties for violating the prohibitions. In addition, Title I
requires the U.S. Copyright Office to perform two joint studies with the National
Telecommunications and Information Administration of the Department of
Commerce (NTIA).
Technical Amendments
National Eligibility
The WIPO Copyright Treaty (WCT) and the WIPO Performances and
Phonograms Treaty (WPPT) each require member countries to provide protection to
certain works from other member countries or created by nationals of other member
countries. That protection must be no less favorable than that accorded to domestic
works.
Section 104 of the Copyright Act establishes the conditions of eligibility for
protection under U.S. law for works from other countries. Section 102(b) of the
DMCA amends section 104 of the Copyright Act and adds new definitions to section
101 of the Copyright Act in order to extend the protection of U.S. law to those works
required to be protected under the WCT and the WPPT.
Restoration of Copyright Protection
Both treaties require parties to protect preexisting works from other member
countries that have not fallen into the public domain in the country of origin through
the expiry of the term of protection. A similar obligation is contained in both the
Berne Convention and the TRIPS Agreement. In 1995 this obligation was implemented in the Uruguay Round Agreements Act, creating a new section 104A in the
Copyright Act to restore protection to works from Berne or WTO member countries
that are still protected in the country of origin, but fell into the public domain in the
United States in the past because of a failure to comply with formalities that then
existed in U.S. law, or due to a lack of treaty relations. Section 102(c) of the DMCA
amends section 104A to restore copyright protection in the same circumstances to
works from WCT and WPPT member countries.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 3
Registration as a Prerequisite to Suit
The remaining technical amendment relates to the prohibition in both treaties
against conditioning the exercise or enjoyment of rights on the fulfillment of
formalities. Section 411(a) of the Copyright Act requires claims to copyright to be
registered with the Copyright Office before a lawsuit can be initiated by the copyright
owner, but exempts many foreign works in order to comply with existing treaty
obligations under the Berne Convention. Section 102(d) of the DMCA amends section
411(a) by broadening the exemption to cover all foreign works.
Technological Protection and Copyright Management Systems
Each of the WIPO treaties contains virtually identical language obligating
member states to prevent circumvention of technological measures used to protect
copyrighted works, and to prevent tampering with the integrity of copyright
management information. These obligations serve as technological adjuncts to the
exclusive rights granted by copyright law. They provide legal protection that the
international copyright community deemed critical to the safe and efficient exploitation
of works on digital networks.
Circumvention of Technological Protection Measures
General approach
Article 11 of the WCT states:
Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used
by authors in connection with the exercise of their
rights under this Treaty or the Berne Convention and
that restrict acts, in respect of their works, which are
not authorized by the authors concerned or permitted
by law.
Article 18 of the WPPT contains nearly identical language.
Section 103 of the DMCA adds a new chapter 12 to Title 17 of the U.S. Code.
New section 1201 implements the obligation to provide adequate and effective
protection against circumvention of technological measures used by copyright owners
to protect their works.
Section 1201 divides technological measures into two categories: measures that
prevent unauthorized access to a copyrighted work and measures that prevent
The Digital Millennium Copyright Act of 1998
“Copying” is used in this context as a short-hand for the exercise of any of the exclus-
2
ive rights of an author under section 106 of the Copyright Act. Consequently, a technological
measure that prevents unauthorized distribution or public performance of a work would fall
in this second category.
Copyright Office Summary December 1998 Page 4
unauthorized copying of a copyrighted work. Making or selling devices or services that
2
are used to circumvent either category of technological measure is prohibited in certain
circumstances, described below. As to the act of circumvention in itself, the provision
prohibits circumventing the first category of technological measures, but not the
second.
This distinction was employed to assure that the public will have the continued
ability to make fair use of copyrighted works. Since copying of a work may be a fair use
under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use
doctrine is not a defense to the act of gaining unauthorized access to a work, the act of
circumventing a technological measure in order to gain access is prohibited.
Section 1201 proscribes devices or services that fall within any one of the
following three categories:
! they are primarily designed or produced to circumvent;
! they have only limited commercially significant purpose or use other
than to circumvent; or
! they are marketed for use in circumventing.
No mandate
Section 1201 contains language clarifying that the prohibition on circumvention
devices does not require manufacturers of consumer electronics, telecommunications
or computing equipment to design their products affirmatively to respond to any
particular technological measure. (Section 1201(c)(3)). Despite this general ‘no
mandate’ rule, section 1201(k) does mandate an affirmative response for one particular
type of technology: within 18 months of enactment, all analog videocassette recorders
must be designed to conform to certain defined technologies, commonly known as
Macrovision, currently in use for preventing unauthorized copying of analog
videocassettes and certain analog signals. The provision prohibits rightholders from
applying these specified technologies to free television and basic and extended basic tier
cable broadcasts.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 5
Savings clauses
Section 1201 contains two general savings clauses. First, section 1201(c)(1)
states that nothing in section 1201 affects rights, remedies, limitations or defenses to
copyright infringement, including fair use. Second, section 1201(c)(2) states that
nothing in section 1201 enlarges or diminishes vicarious or contributory copyright
infringement.
Exceptions
Finally, the prohibitions contained in section 1201 are subject to a number of
exceptions. One is an exception to the operation of the entire section, for law
enforcement, intelligence and other governmental activities. (Section 1201(e)). The
others relate to section 1201(a), the provision dealing with the category of technological
measures that control access to works.
The broadest of these exceptions, section 1201(a)(1)(B)-(E), establishes an
ongoing administrative rule-making proceeding to evaluate the impact of the
prohibition against the act of circumventing such access-control measures. This
conduct prohibition does not take effect for two years. Once it does, it is subject to
an exception for users of a work which is in a particular class of works if they are or are
likely to be adversely affected by virtue of the prohibition in making noninfringing uses.
The applicability of the exemption is determined through a periodic rulemaking by the
Librarian of Congress, on the recommendation of the Register of Copyrights, who is
to consult with the Assistant Secretary of Commerce for Communications and
Information.
The six additional exceptions are as follows:
1. Nonprofit library, archive and educational institution exception
(section 1201(d)). The prohibition on the act of circumvention of
access control measures is subject to an exception that permits
nonprofit libraries, archives and educational institutions to circumvent
solely for the purpose of making a good faith determination as to
whether they wish to obtain authorized access to the work.
2. Reverse engineering (section 1201(f)). This exception permits
circumvention, and the development of technological means for such
circumvention, by a person who has lawfully obtained a right to use a
copy of a computer program for the sole purpose of identifying and
analyzing elements of the program necessary to achieve interoperability
with other programs, to the extent that such acts are permitted under
copyright law.
3. Encryption research (section 1201(g)). An exception for encryption
research permits circumvention of access control measures, and the
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 6
development of the technological means to do so, in order to identify
flaws and vulnerabilities of encryption technologies.
4. Protection of minors (section 1201(h)). This exception allows a court
applying the prohibition to a component or part to consider the
necessity for its incorporation in technology that prevents access of
minors to material on the Internet.
5. Personal privacy (section 1201(i)). This exception permits circumvention when the technological measure, or the work it protects, is capable
of collecting or disseminating personally identifying information about
the online activities of a natural person.
6. Security testing (section 1201(j)). This exception permits circumvention of access control measures, and the development of technological
means for such circumvention, for the purpose of testing the security
of a computer, computer system or computer network, with the
authorization of its owner or operator.
Each of the exceptions has its own set of conditions on its applicability, which
are beyond the scope of this summary.
Integrity of Copyright Management Information
Article 12 of the WCT provides in relevant part:
Contracting Parties shall provide adequate and effective
legal remedies against any person knowingly performing
any of the following acts knowing, or with respect to
civil remedies having reasonable grounds to know, that
it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Berne
Convention:
(i) to remove or alter any electronic rights
management information without authority;
(ii) to distribute, import for distribution, broadcast or communicate to the public, without authority,
works or copies of works knowing that electronic rights
management information has been removed or altered
without authority.
Article 19 of the WPPT contains nearly identical language.
New section 1202 is the provision implementing this obligation to protect the
integrity of copyright management information (CMI). The scope of the protection
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 7
is set out in two separate paragraphs, the first dealing with false CMI and the second
with removal or alteration of CMI. Subsection (a) prohibits the knowing provision or
distribution of false CMI, if done with the intent to induce, enable, facilitate or conceal
infringement. Subsection (b) bars the intentional removal or alteration of CMI without
authority, as well as the dissemination of CMI or copies of works, knowing that the
CMI has been removed or altered without authority. Liability under subsection (b)
requires that the act be done with knowledge or, with respect to civil remedies, with
reasonable grounds to know that it will induce, enable, facilitate or conceal an
infringement.
Subsection (c) defines CMI as identifying information about the work, the
author, the copyright owner, and in certain cases, the performer, writer or director of
the work, as well as the terms and conditions for use of the work, and such other
information as the Register of Copyrights may prescribe by regulation. Information
concerning users of works is explicitly excluded.
Section 1202 is subject to a general exemption for law enforcement, intelligence
and other governmental activities. (Section 1202(d)). It also contains limitations on the
liability of broadcast stations and cable systems for removal or alteration of CMI in
certain circumstances where there is no intent to induce, enable, facilitate or conceal
an infringement. (Section 1202(e)).
Remedies
Any person injured by a violation of section 1201 or 1202 may bring a civil
action in Federal court. Section 1203 gives courts the power to grant a range of
equitable and monetary remedies similar to those available under the Copyright Act,
including statutory damages. The court has discretion to reduce or remit damages in
cases of innocent violations, where the violator proves that it was not aware and had
no reason to believe its acts constituted a violation. (Section 1203(c)(5)(A)). Special
protection is given to nonprofit libraries, archives and educational institutions, which
are entitled to a complete remission of damages in these circumstances. (Section
1203(c)(5)(B)).
In addition, it is a criminal offense to violate section 1201 or 1202 wilfully and
for purposes of commercial advantage or private financial gain. Under section 1204
penalties range up to a $500,000 fine or up to five years imprisonment for a first
offense, and up to a $1,000,000 fine or up to 10 years imprisonment for subsequent
offenses. Nonprofit libraries, archives and educational institutions are entirely
exempted from criminal liability. (Section 1204(b)).
The Digital Millennium Copyright Act of 1998
The Fairness in Musical Licensing Act, Title II of Pub. L. No. 105-298, 112 Stat. 2827,
3
2830-34 (Oct. 27, 1998) also adds a new section 512 to the Copyright Act. This duplication of
section numbers will need to be corrected in a technical amendments bill.
Copyright Office Summary December 1998 Page 8
Copyright Office and NTIA Studies Relating to Technological Development
Title I of the DMCA requires the Copyright Office to conduct two studies
jointly with NTIA, one dealing with encryption and the other with the effect of
technological developments on two existing exceptions in the Copyright Act. New
section 1201(g)(5) of Title 17 of the U.S. Code requires the Register of Copyrights and
the Assistant Secretary of Commerce for Communications and Information to report
to the Congress no later than one year from enactment on the effect that the
exemption for encryption research (new section 1201(g)) has had on encryption
research, the development of encryption technology, the adequacy and effectiveness
of technological measures designed to protect copyrighted works, and the protection
of copyright owners against unauthorized access to their encrypted copyrighted works.
Section 104 of the DMCA requires the Register of Copyrights and the Assistant
Secretary of Commerce for Communications and Information to jointly evaluate (1)
the effects of Title I of the DMCA and the development of electronic commerce and
associated technology on the operation of sections 109 (first sale doctrine) and 117
(exemption allowing owners of copies of computer programs to reproduce and adapt
them for use on a computer), and (2) the relationship between existing and emergent
technology and the operation of those sections. This study is due 24 months after the
date of enactment of the DMCA.
TITLE II: ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION
Title II of the DMCA adds a new section 512 to the Copyright Act to create
3
four new limitations on liability for copyright infringement by online service providers.
The limitations are based on the following four categories of conduct by a service
provider:
1. Transitory communications;
2. System caching;
3. Storage of information on systems or networks at direction of users;
and
4. Information location tools.
New section 512 also includes special rules concerning the application of these
limitations to nonprofit educational institutions.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 9
Each limitation entails a complete bar on monetary damages, and restricts the
availability of injunctive relief in various respects. (Section 512(j)). Each limitation
relates to a separate and distinct function, and a determination of whether a service
provider qualifies for one of the limitations does not bear upon a determination of
whether the provider qualifies for any of the other three. (Section 512(n)).
The failure of a service provider to qualify for any of the limitations in section
512 does not necessarily make it liable for copyright infringement. The copyright
owner must still demonstrate that the provider has infringed, and the provider may still
avail itself of any of the defenses, such as fair use, that are available to copyright
defendants generally. (Section 512(l)).
In addition to limiting the liability of service providers, Title II establishes a
procedure by which a copyright owner can obtain a subpoena from a federal court
ordering a service provider to disclose the identity of a subscriber who is allegedly
engaging in infringing activities. (Section 512(h)).
Section 512 also contains a provision to ensure that service providers are not
placed in the position of choosing between limitations on liability on the one hand and
preserving the privacy of their subscribers, on the other. Subsection (m) explicitly
states that nothing in section 512 requires a service provider to monitor its service or
access material in violation of law (such as the Electronic Communications Privacy Act)
in order to be eligible for any of the liability limitations.
Eligibility for Limitations Generally
A party seeking the benefit of the limitations on liability in Title II must qualify
as a “service provider.” For purposes of the first limitation, relating to transitory
communications, “service provider” is defined in section 512(k)(1)(A) as “an entity
offering the transmission, routing, or providing of connections for digital online
communications, between or among points specified by a user, of material of the user’s
choosing, without modification to the content of the material as sent or received.” For
purposes of the other three limitations, “service provider” is more broadly defined in
section 512(k)(l)(B) as “a provider of online services or network access, or the operator
of facilities therefor.”
In addition, to be eligible for any of the limitations, a service provider must
meet two overall conditions: (1) it must adopt and reasonably implement a policy of
terminating in appropriate circumstances the accounts of subscribers who are repeat
infringers; and (2) it must accommodate and not interfere with “standard technical
measures.” (Section 512(i)). “Standard technical measures” are defined as measures
that copyright owners use to identify or protect copyrighted works, that have been
developed pursuant to a broad consensus of copyright owners and service providers
in an open, fair and voluntary multi-industry process, are available to anyone on
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 10
reasonable nondiscriminatory terms, and do not impose substantial costs or burdens
on service providers.
Limitation for Transitory Communications
In general terms, section 512(a) limits the liability of service providers in
circumstances where the provider merely acts as a data conduit, transmitting digital
information from one point on a network to another at someone else’s request. This
limitation covers acts of transmission, routing, or providing connections for the
information, as well as the intermediate and transient copies that are made automatically
in the operation of a network.
In order to qualify for this limitation, the service provider’s activities must meet
the following conditions:
! The transmission must be initiated by a person other than the provider.
! The transmission, routing, provision of connections, or copying must
be carried out by an automatic technical process without selection of
material by the service provider.
! The service provider must not determine the recipients of the material.
! Any intermediate copies must not ordinarily be accessible to anyone
other than anticipated recipients, and must not be retained for longer
than reasonably necessary.
! The material must be transmitted with no modification to its content.
Limitation for System Caching
Section 512(b) limits the liability of service providers for the practice of
retaining copies, for a limited time, of material that has been made available online by
a person other than the provider, and then transmitted to a subscriber at his or her
direction. The service provider retains the material so that subsequent requests for the
same material can be fulfilled by transmitting the retained copy, rather than retrieving
the material from the original source on the network.
The benefit of this practice is that it reduces the service provider’s bandwidth
requirements and reduces the waiting time on subsequent requests for the same
information. On the other hand, it can result in the delivery of outdated information
to subscribers and can deprive website operators of accurate “hit” information —
information about the number of requests for particular material on a website — from
which advertising revenue is frequently calculated. For this reason, the person making
the material available online may establish rules about updating it, and may utilize
Under the knowledge standard, a service provider is eligible for the limitation
on liability only if it does not have actual knowledge of the infringement, is not aware
of facts or circumstances from which infringing activity is apparent, or upon gaining
such knowledge or awareness, responds expeditiously to take the material down or
block access to it.
The statute also establishes procedures for proper notification, and rules as to
its effect. (Section 512(c)(3)). Under the notice and takedown procedure, a copyright
owner submits a notification under penalty of perjury, including a list of specified
elements, to the service provider’s designated agent. Failure to comply substantially
with the statutory requirements means that the notification will not be considered in
determining the requisite level of knowledge by the service provider. If, upon receiving
a proper notification, the service provider promptly removes or blocks access to the
material identified in the notification, the provider is exempt from monetary liability.
In addition, the provider is protected from any liability to any person for claims based
on its having taken down the material. (Section 512(g)(1)).
In order to protect against the possibility of erroneous or fraudulent
notifications, certain safeguards are built into section 512. Subsection (g)(1) gives the
subscriber the opportunity to respond to the notice and takedown by filing a counter
notification. In order to qualify for the protection against liability for taking down
material, the service provider must promptly notify the subscriber that it has removed
or disabled access to the material. If the subscriber serves a counter notification
complying with statutory requirements, including a statement under penalty of perjury
that the material was removed or disabled through mistake or misidentification, then
unless the copyright owner files an action seeking a court order against the subscriber,
the service provider must put the material back up within 10-14 business days after
receiving the counter notification.
Penalties are provided for knowing material misrepresentations in either a
notice or a counter notice. Any person who knowingly materially misrepresents that
material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred
by the alleged infringer, the copyright owner or its licensee, or the service provider.
(Section 512(f)).
Limitation for Information Location Tools
Section 512(d) relates to hyperlinks, online directories, search engines and the
like. It limits liability for the acts of referring or linking users to a site that contains
infringing material by using such information location tools, if the following conditions
are met:
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 13
! The provider must not have the requisite level of knowledge that the
material is infringing. The knowledge standard is the same as under the
limitation for information residing on systems or networks.
! If the provider has the right and ability to control the infringing activity,
the provider must not receive a financial benefit directly attributable to
the activity.
! Upon receiving a notification of claimed infringement, the provider
must expeditiously take down or block access to the material.
These are essentially the same conditions that apply under the previous
limitation, with some differences in the notification requirements. The provisions
establishing safeguards against the possibility of erroneous or fraudulent notifications,
as discussed above, as well as those protecting the provider against claims based on
having taken down the material apply to this limitation. (Sections 512(f)-(g)).
Special Rules Regarding Liability of Nonprofit Educational Institutions
Section 512(e) determines when the actions or knowledge of a faculty member
or graduate student employee who is performing a teaching or research function may
affect the eligibility of a nonprofit educational institution for one of the four limitations
on liability. As to the limitations for transitory communications or system caching, the
faculty member or student shall be considered a “person other than the provider,” so
as to avoid disqualifying the institution from eligibility. As to the other limitations, the
knowledge or awareness of the faculty member or student will not be attributed to the
institution. The following conditions must be met:
! the faculty member or graduate student’s infringing activities do not
involve providing online access to course materials that were required
or recommended during the past three years;
! the institution has not received more than two notifications over the
past three years that the faculty member or graduate student was
infringing; and
! the institution provides all of its users with informational materials
describing and promoting compliance with copyright law.
TITLE III: COMPUTER MAINTENANCE OR REPAIR
Title III expands the existing exemption relating to computer programs in
section 117 of the Copyright Act, which allows the owner of a copy of a program to
make reproductions or adaptations when necessary to use the program in conjunction
with a computer. The amendment permits the owner or lessee of a computer to make
or authorize the making of a copy of a computer program in the course of maintaining
or repairing that computer. The exemption only permits a copy that is made
automatically when a computer is activated, and only if the computer already lawfully
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 14
contains an authorized copy of the program. The new copy cannot be used in any
other manner and must be destroyed immediately after the maintenance or repair is
completed.
TITLE IV: MISCELLANEOUS PROVISIONS
Clarification of the Authority of the Copyright Office
Section 401(b), adds language to section 701 of the Copyright Act confirming
the Copyright Office’s authority to continue to perform the policy and international
functions that it has carried out for decades under its existing general authority.
Ephemeral Recordings for Broadcasters
Section 112 of the Copyright Act grants an exemption for the making of
“ephemeral recordings.” These are recordings made in order to facilitate a transmission. Under this exemption, for example, a radio station can record a set of songs and
broadcast from the new recording rather than from the original CDs (which would
have to be changed “on the fly” during the course of a broadcast).
As it existed prior to enactment of the DMCA, section 112 permitted a
transmitting organization to make and retain for up to six months (hence the term
“ephemeral”) no more than one copy of a work if it was entitled to transmit a public
performance or display of the work, either under a license or by virtue of the fact that
there is no general public performance right in sound recordings (as distinguished from
musical works).
The Digital Performance Right in Sound Recordings Act of 1995 (DPRA)
created, for the first time in U.S. copyright law, a limited public performance right in
sound recordings. The right only covers public performances by means of digital
transmission and is subject to an exemption for digital broadcasts (i.e., transmissions
by FCC licensed terrestrial broadcast stations) and a statutory license for certain
subscription transmissions that are not made on demand (i.e. in response to the specific
request of a recipient).
Section 402 of the DMCA expands the section 112 exemption to include
recordings that are made to facilitate the digital transmission of a sound recording
where the transmission is made under the DPRA’s exemption for digital broadcasts or
statutory license. As amended, section 112 also permits in some circumstances the
circumvention of access control technologies in order to enable an organization to
make an ephemeral recording.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 15
Distance Education Study
In the course of consideration of the DMCA, legislators expressed an interest
in amending the Copyright Act to promote distance education, possibly through an
expansion of the existing exception for instructional broadcasting in section 110(2).
Section 403 of the DMCA directs the Copyright Office to consult with affected parties
and make recommendations to Congress on how to promote distance education
through digital technologies. The Office must report to Congress within six months
of enactment.
The Copyright Office is directed to consider the following issues:
! The need for a new exemption;
! Categories of works to be included in any exemption;
! Appropriate quantitative limitations on the portions of works that may
be used under any exemption;
! Which parties should be eligible for any exemption;
! Which parties should be eligible recipients of distance education
material under any exemption;
! The extent to which use of technological protection measures should
be mandated as a condition of eligibility for any exemption;
! The extent to which the availability of licenses should be considered in
assessing eligibility for any exemption; and
! Other issues as appropriate.
Exemption for Nonprofit Libraries and Archives
Section 404 of the DMCA amends the exemption for nonprofit libraries and
archives in section 108 of the Copyright Act to accommodate digital technologies and
evolving preservation practices. Prior to enactment of the DMCA, section 108
permitted such libraries and archives to make a single facsimile (i.e., not digital) copy
of a work for purposes of preservation or interlibrary loan. As amended, section 108
permits up to three copies, which may be digital, provided that digital copies are not
made available to the public outside the library premises. In addition, the amended
section permits such a library or archive to copy a work into a new format if the
original format becomes obsolete—that is, the machine or device used to render the
work perceptible is no longer manufactured or is no longer reasonably available in the
commercial marketplace.
Webcasting Amendments to the Digital Performance Right in Sound
Recordings
As discussed above, in 1995 Congress enacted the DPRA, creating a
performance right in sound recordings that is limited to digital transmissions. Under
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 16
that legislation, three categories of digital transmissions were addressed: broadcast
transmissions, which were exempted from the performance right; subscription
transmissions, which were generally subject to a statutory license; and on-demand
transmissions, which were subject to the full exclusive right. Broadcast transmissions
under the DPRA are transmissions made by FCC-licensed terrestrial broadcast stations.
In the past several years, a number of entities have begun making digital
transmissions of sound recordings over the Internet using streaming audio technologies. This activity does not fall squarely within any of the three categories that were
addressed in the DPRA. Section 405 of the DMCA amends the DPRA, expanding the
statutory license for subscription transmissions to include webcasting as a new category
of “eligible nonsubscription transmissions.”
In addition to expanding the scope of the statutory license, the DMCA revises
the criteria that any entity must meet in order to be eligible for the license (other than
those who are subject to a grandfather clause, leaving the existing criteria intact). It
revises the considerations for setting rates as well (again, subject to a grandfather
clause), directing arbitration panels convened under the law to set the royalty rates at
fair market value.
This provision of the DMCA also creates a new statutory license for making
ephemeral recordings. As indicated above, section 402 of the DMCA amends section
112 of the Copyright Act to permit the making of a single ephemeral recording to
facilitate the digital transmission of sound recording that is permitted either under the
DPRA’s broadcasting exemption or statutory license. Transmitting organizations that
wish to make more than the single ephemeral recording of a sound recording that is
permitted under the outright exemption in section 112 are now eligible for a statutory
license to make such additional ephemeral recordings. In addition, the new statutory
license applies to the making of ephemeral recordings by transmitting organizations
other than broadcasters who are exempt from the digital performance right, who are
not covered by the expanded exemption in section 402 of the DMCA.
Assumption of Contractual Obligations upon Transfers of Rights in
Motion Pictures
Section 416 addresses concerns about the ability of writers, directors and screen
actors to obtain residual payments for the exploitation of motion pictures in situations
where the producer is no longer able to make these payments. The guilds’ collective
bargaining agreements currently require producers to obtain assumption agreements
from distributors in certain circumstances, by which the distributor assumes the
producer’s obligation to make such residual payments. Some production companies
apparently do not always do so, leaving the guilds without contractual privity enabling
them to seek recourse from the distributor.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 17
The DMCA adds a new chapter to Title 28 of the U.S. Code that imposes on
transferees those obligations to make residual payments that the producer would be
required to have the transferee assume under the relevant collective bargaining
agreement. The obligations attach only if the distributor knew or had reason to know
that the motion picture was produced subject to a collective bargaining agreement, or
in the event of a court order confirming an arbitration award under the collective
bargaining agreement that the producer cannot satisfy within ninety days. There are
two classes of transfers that are excluded from the scope of this provision. The first
is transfers limited to public performance rights, and the second is grants of security
interests, along with any subsequent transfers from the security interest holder.
The provision also directs the Comptroller General, in consultation with the
Register of Copyrights, to conduct a study on the conditions in the motion picture
industry that gave rise to this provision, and the impact of the provision on the
industry. The study is due two years from enactment.
TITLE V: PROTECTION OF CERTAIN ORIGINAL DESIGNS
Title V of the DMCA, entitled the Vessel Hull Design Protection Act
(VHDPA), adds a new chapter 13 to Title 17 of the U.S. Code. It creates a new system
for protecting original designs of certain useful articles that make the article attractive
or distinctive in appearance. For purposes of the VHDPA, “useful articles” are limited
to the hulls (including the decks) of vessels no longer than 200 feet.
A design is protected under the VHDPA as soon as a useful article embodying
the design is made public or a registration for the design is published. Protection is lost
if an application for registration is not made within two years after a design is first made
public, but a design is not registrable if it has been made public more than one year
before the date of the application for registration. Once registered, protection
continues for ten years from the date protection begins.
The VHDPA is subject to a legislative sunset: the Act expires two years from
enactment (October 28, 2000). The Copyright Office is directed to conduct two joint
studies with the Patent and Trademark Office—the first by October 28, 1999 and the
second by October 28, 2000—evaluating the impact of the VHDPA.
EFFECTIVE DATES
Most provisions of the DMCA are effective on the date of enactment. There
are, however, several exceptions. The technical amendments in Title I that relate to
eligibility of works for protection under U.S. copyright law by virtue of the new WIPO
treaties do not take effect until the relevant treaty comes into force. Similarly,
restoration of copyright protection for such works does not become effective until the
relevant treaty comes into force. The prohibition on the act of circumvention of access
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 18
control measures does not take effect until two years from enactment (October 28,
the DMCA of 1998 was a play to remove even more of an individuals rights to what they buy. giving the wealthy even more ways to get rich off of the poor and middle class.
DANWILL: Oh, boo-hoo-hoo. You're making me cry. If people cannot afford to pay to download, then they can tape for free for personal use from the flippin' RADIO. Stop whining about how you have wasted your life and have less money than others, will you?? Whose fault is that, huh?
Sites such as kazaa.com off for a filesharing software. The files do not sit on any kazaa servers. The files said: the computer where the kazaa software re-signed. this software has a node that in last turned off allows automatic filesharing of music files among others. since the file set or her computer they're trying to say she's responsible for those files that were downloaded to other people's computers. Remember I said unless the node is turned off you're automatically uploading files with the you know what are not.
So truthfully she's just trying out the music to see if she likes it before she buys. It's no different than going to the record store.
So if you go to the store and steal a candy bar and get caught they shouldnt hav to pay the fine? only the cost of the candy bar? that is so stupid. She Illegally downloaded something, like most of you do every single day... which causes musicians to go bankrupt and cause chaos in their life. IF YOU ILLEGALLY DO SOMETHING YOU WILL PAY THE PRICE... make her pay 1.5 million and teach the rest of you to @!$%# straight and legit.
hey battywoman, I said that I CHOSE not to support the RIAA by not purchasing anything associated with them, it has nothing to do with my ability to pay, and everything with my FREEDOM of choice. I consider their actions to be immoral and unethical, it was their own fault for their inability to adapt to new media. it took apple to show them how to pull their heads out of their arses, and adapt. but I guess you don't actually support a true free market, do you? from your obvious rants, you would greatly prefer to have the government protect antiquated dinosaurs of a business model.
with attitudes like yours, it's no wonder this country is falling apart.
anyways, how's that bootlicking thing going for you?
The only organization worse at image management than the RIAA that I can think of is PETA. They should be trying to shut down the P2P services, like I think LimeWire just got knocked.
Have you ever published anything? Has anyone ever paid to read or listen to your brilliance?
How about you stop STEALING and pay for our art?
13!#1.25 - Fri Nov 5, 2010 5:07 PM EDT.
Yes Ed' ---
My first record release was in 1982 --
I have since produced over 500 works of music and my music has been used in films, commercials, radio plays, etc...
I am a solid member in standing (BMI).
During my Guest Speaker engagement at the "Atlantis Music Conference", I proposed that many musicians should take works that they consider usless for commercial purposes, and combine them into a single album, and then release them as "Public Domain" so that they can provide a service as musicians while getting the name recognition for those works as the works are used in the world wide web.
I have worked in the broadcasting industry both Radio & TV for a good part of my life since the 70's and have a very good knowledge of not only copyright, but also more importantly - I know copyright history!
-- I got a seriously good chuckle at your rant..!
Now have you ever recorded a TV show at home, and then loaned the DVD copy of it to a friend to watch at their home? --- Then stop Stealing!
DANWILL: "hey battywoman (sic.) . . . with attitudes like yours, it's no wonder this country is falling apart."
Very, very nice, DANWILL.... and yet I still address you by your actual screen name. You make yourself look foolish with your name-calling and insubstantial rants and accusations. How is it a bad attitude to expect people to pull themselves up by the bootstraps; to expect people NOT to steal and then whine about the consequences; and to expect the American public not to attack others who have worked harder and smarter, with more God-given talent in some cases.... in short, NOT to exhibit the petty jealousy that you have shown, DANWILL, when others have more money and more assets than you?
Grow up, DANWILL, and stop advancing your dumb point about how others who have so much deserve to be victimized by the theft of those who have little. You do not get to pick and choose among the laws that are to be enforced.
You do not get to pick and choose among the laws that are to be enforced.
you are right about that, especially when crooked politicians get paid off to pass laws that benefit a few elite businessmen at the expense of everyone else.
as I said, you don't support a free market, you just support government mandated , artificial support for the status-quo of elite businessmen that have bigger pockets to pay off politicians with, and rely on their thuggish attorneys to protect them from their own stupid decisions.
"others who have worked harder and smarter" you have got to be kidding, they didn't work harder and smarter, they couldn't see outside of their collapsing business plans and had to rely on the government to pass laws to protect their own special interests
Danwill- you just don't get it, do you? People create something. They sacrifice time and effort (WORK , a word thieves such as yourself don't understand), and they create said work. They then SELL this work to others, so that the others may enjoy it. Now, according to YOU, once they create this piece of work, anyone who wants to can steal this work (or even buy a copy of it) and then make more copies to sell or give to others, therefore depriving the original creator of that piece of work of his recompense. YOU have decided just how much they can earn from that work, and the rest is free for the taking. So, if you go to work and earn a paycheck, once I decide how much of that paycheck you deserve, then I can take the rest of it and use it as I desire, hmmm? (Work with me, here. I doubt you have ever actually earned any money in the past, but I THINK you might be smart enough to actually understand the concept of working for pay.)
Let them EARN their own cake.
Yes, I am an elitist. Those who work to feed themselves, or buy the good they desire, are the elite. Those who don't are the losers. The successful work their asses off and thrive. The rest, suck the public tit, and demand a bigger tit to suck. ANY corporation that accepted a bailout is as much a loser as you are. I didn't vote to bail them out, but I sure got the "privilege" of footing a portion of the bill.
wow, it's amazing that a bunch of ignorant , corporate cronyist bootlickers are so quick to claim to know what my financial status is. ROFLMAO, you don't know jack spit about me.
Neal, are you referring to the corporate THIEVES that were selling a CD for $17 and giving the artist that actually CREATED the music 25-50 cents?
when their business model started failing, they went crying to congress to protect, not the actual creators rights, but their own corporate rights to steal from the actual creators ?
are those the "thieves that you are referring to?
I have stated plainly and openly, that I do not and have not downloaded any songs illegally, and I refused to buy anything from anyone that was a member of the RIAA because of their thuggish tactics. the simple fact is that I stopped buying music and only occasionally listen to music on the radio, and I don't have any music on my computer except a very small handful (less than one screenful for everything) of songs that I downloaded (legally) from I tunes. and I don't like Itunes since I can't use their music on anything but an apple player. I have nothing against reasonable restrictions on copying, but restrictions based on who make the player are ludicrous.
the only free software that I download is either legal, free open source, or free trials, if I like the trial, I will purchase it. the same for movies.
if I want to support an artist, then I will purchase it directly from the artist instead of letting the money-grubbing corporate drones of the RIAA get their hands on it., but for the most part, I just don't bother anymore.
furthermore, your rant about the bailout shows what an idiotic, brainwashed political stooge you are. I could care less about the actual financial companies that were bailed out, but if they were allowed to go bankrupt, then all the other companies that did nothing wrong except to have put their finances with these big wall-street banks would also have been driven into bankruptcy, what do you think the result of that would have been? the mess we are just beginning to crawl out of now would have been amplified at least fivefold, instead of 6 million lost jobs, we would be looking at 20-30 million lost jobs. that's your idea of "sound fiscal policy"? what an idiot! oh yeah , it's all because "you don't want your taxes paying for it." what a fool.
oh, and Obama and our curent congress actually created a way that would allow those "too big to fail" banks actually fail into bankruptcy without allowing all their customers to fail also, but right-wing imbeciles cried about how that was "socialism" when most of those that were don't even have the brains to spell the word, much less understand what real socialism is.
neal osborn, you are a pathetic, lying ass for accusing me of stealing, I actually play by the rules, and you are too stupid to know when you are being played.
Karen I never said in any of my comments that it was OK to steal or that it was ok to freely copy copyrighted material. (unlike what catwoman and jerk osborn tried to falsely accuse me of).
the lady in the article should pay something, but over a million dollars is obscene, especially since the artists will be lucky to get one tenth of 1% of that judgement even in the unlikely event it was paid in full and in cash, all the rest would go to line the pockets of the record executives and their attorneys
actually, she should pay it to the artists directly and then let the RIAA show just how much they are really "for the artist's rights" as they turn around and sue the artists for their 99.9% cut
no , my rants have been against fat, bloated, greedy and lazy corporations that would rather tell congress how to protect their lazy arses then to adapt and compete.
* note, not all corporations are that way, but far too many suffer the same type of bureaucratic bloat that the government does, and certain people have been well trained by the corporations to say that corporate bureaucrats are our salvation.
Don't be such a judgemental j@ck@ss. For all we know from this story, she was married for 10 years and her husband left her for his secretary, or something like that. There are many avenues to single motherhood other than deciding to have a kid (or 4) without securing a husband and father first. You just don't know. And being a single mother does matter because this exhorbitant fine would be crushing to anyone, but as a single mother it crushes more than just her - it crushes her innocent children. It will interfere with her ability to provide the basic necessities to her children. Should she have thought about that before doing what thousands of others have done (not me, mind you, but thousands of others), yes. Is what she did right? No. Does she (and the other thousands) deserve consequences? sure, that is how the law is written. But the amount is utterly ridiculous. If the punishment stands, it would be best for the kids to be removed from her home, as she will be unable to ever provide for them again. Is this crime worth one losing her children? Or children losing their mother? The punishment does not fit the crime. This whole case (and this insanly judgmental thread) needs a little perspective and a healthy dose of compassion.
Her lawyers argue that she should only pay 1.00 per song but how many copies did she share out. All articles state she not only downloaded but was sharing them out. So even if you go by the logic that she only owes 1.00 per song. She should also owe 1.00 per copy of the song she gave out. If only ten copies were downloaded then 24.00 for the ones she downloaded and another 10.00 for what she shared. But if 1,000 people copied the song then she should be liable for those copies as well. Just my opinion.
The maximum damage to the industry can be calculated fairly easily. Look at her bandwidth connection. That will tell you how many songs she is capable of uploading at any one time. Multiply it for the amount of time she was running the illegal software and you know how much money she COULD have cost the industry.
At five minutes per song, a usual bandwidth upload capacity of about 40kbytes/sec, and a cost of 99c per song, that's about 1152 songs or about $1100 per day. This is the MAXIMUM she could have cost them and it assumes that she had it on 100% of the time, she wasn't using it for anything else and the person who downloaded the song would have paid for it if he couldn't get it from her. Most likely, it cost them considerably less.
I don't know if the idea of charging per song is unconstitutional, but it does seem unreasonable. She isn't running a song server in a data center, she is running a small home computer, and her ability to upload songs is severely limited. The MAXIMUM amount of money she COULD have cost the industry is related to her computer bandwidth, and has nothing to do with the number of songs on the computer.
Also keep in mind that this music is available from other sources illegally, so you can't make the argument that she is responsible for thefts in other places. You can't also blame her for other people acting illegally.
The recording industry has been damaged way beyond $1.5 million, just not by this one individual. It seems though as if this might be a scare tactic to stop others from illegally downloading.
She's going to have to work 5+ lifetimes to pay this off if the fine doesn't come down significantly. Too bad for her, guess she should've gone the itunes route, or the old fashioned way and go to the record store.
this fine was to send the message to other would be thiefs not to break the law, comprente'. You can not justify what she was doing - thou shalt not steal, isn't it?
How about a class action suit on the recording industries for mastering crappy pathetic songs that millions, even billions of unexpecting consumers buy each year.
Go after the source, not the symptom. And make damn sure that every recording that anyone would want is legally and readily available from legitimate sources. A lot of people download things that they cannot get otherwise, etc. Not everyone has evil or greedy intent - like big business does!
OK...........Copyright laws are in place for a very good reason. As long as there are people, laws will be bent / broken.
Yes, she broke the law, and downloaded / pirated a few songs..
However, until such time as the entertainment industry is ready / willing to go after ALL pirates, this girl should be fined a realistic amount, with a reasonable payment schedule, and let go on her way.
This baloney of trying to make an example of her, just does not have any rhyme or reason, and cannot be justified by any stretch of imagination. Some judges / juries need a course in reality.
I agree her fine is on the ridiculous side, but she should face some sort of fine.
What they're doing seems like picking one person who made a copy of a video and then passed it around to their friends, then imposed a fine for every time someone borrowed the tape. Have they ever done this to someone who is making copies of illegally downloaded copies of illegally recorded movies?
If they really want to stop this sort of thing from happening, they need to go after the site she downloaded the music from.
Are they going after the people she passed the music on to?
Sorry, but I've got to get up on my soapbox here - and this is from the POV of a musician. The recording industry, particularly the major record labels, is simply looking for a way to continue their monopolistic hold on music distribution. Music downloading isn't hurting the music industry, the industry is a dinosaur that tried to hold onto it's old ways for too many years and then started suing everyone because they were behind the time, technologically speaking. For years they got away with selling music on basically disposable media (LPs, tapes, even CDs) and now that those media are no longer needed they need a way to stick it to the music consumer - AND BANDS ALIKE (do some research on how much most bands actually made from CD sales). It's also interesting how now everything is about having the "rights" to the music - if that's the case would they have replaced my tapes that I left in the car and got ruined back in 1985 because I owned the "rights" to the music on them - or even allowed me to make a new recording of that music from a master tape since I owned the "rights" to it? Don't think so. This is plain and simple a last gasp from an industry that refused to open it's eyes to the path that technology was taking and now wants to get back payment for their lack of vision.
In the end, good music finds a way to the masses and the musicians are properly compensated. Some bands have offered downloads for years and got way ahead of the curve and others promote the bootlegging of their concerts because they realize that the more their music is heard, the more someone is likely to buy it or to see them in concert.
Tell me I'm full of crap, I don't care, that's the way I see this whole scenario.
Sickofidiots, you make a good point but it says in the story they have decided to go against the worst offenders. It is listed that she downloaded 1700 songs [though who knows if that makes her one of the one of the worst offenders].
That being said, how can you hold site responsible? It is simply a file sharing site, they themselves simply provide a place to sharefiles. Yes, we all know what passes through there. But to follow that logic that they are responsible, the you would have to blame the computer makers for making the computers that waere used because they gave her the means to do so, you would have to sue Mocrosoft [same reason], etc.?
Do you see the thought pattern? It simply comes down to responsability and morals. Ultimately, a person choses what they do freely, you cant blame the equipment they use.
It wouldn't matter what her fine was or is, she wouldn't pay. She is a beadbeat who looks for the easy way out. Why do you think she has 4 kids, to make sure her welfare check is big enuf to pay for her drugs. Put her in jail for 6 months or so, then force her to pay a monthly amount on a reduced fine.
They tried to settle with her twice, first for $5000 and then after the second trial for $25000. She refused both times. I wonder what she has spent in legal fees.
AmericansFirst - you're logic is flawed because of the very point you make. The operators of the file sharing site know what their site is used for and provide a means for facilitating copyright infringement. Their entire raison d'etre is to allow people to evade copyright laws.
The computer makers are shielded because of a very important Supreme Court decision from the 80s involving VCRs (actually Betamax) - same argument was made that they facilitated copyright infringement by allowing people to record TV shows and movies. In a nutshell, that case looked at the fact that there were many non-infringing uses of the technology. Here, there is no other point to many of these sites.
Well packrat king, couldn't agree more. although you shot yourself in the foot. First you don't know how many a few is and secondly they did offer her a very big break and what did she say?? No!! So feel sorry for her and help the lady out.
Wheres the outrage at former Country wide CEO Angelo Mozzillo whom STOLE $179 MILLION dollars and got a fine of $67.5 MILLION that his new Employer is paying because of special clauses in his contract?
Why dint he get fined 75,000% of the amount he stole???
1.5 mil/$20 (the cost of 1CD which is approx. 24 songs give or take)=75,000
$179 mill * 75,000= $13,425,000,000,000 that is 13 trillion 425 billion dollars
But No Angelo gets to keep over $100 million dollars in stolen money and you people want to fine this lady 1.5 million for downloading music on the internet.
IF ITS SUCH A B.F.D. MAKE IT IMPOSSIBLE TO DO!!!! THERE ARE HACKERS THAT CAN GET IN TO D.O.D. COMPS AND YOU WANNA TELL ME ITS NOT POSSIBLE TO BLOCK PEOPLE FROM DOWNLOADING COPYRIGHTED MUSIC???
WHY ISNT IT ILLEGAL FOR BANDS TO PLAY COVER SONGS WITHOUT THE PERMISSION OF THE BAND THAT ORIGINALLY WROTE IT???
I believe copyrights only last for 7 years if those songs are over 7 years old the statute of limitations has run out, maybe thats why they could only go after her for 24 of those 1700 songs..?!?!?!?
Thanks, I really wouldn't have been able to decypher what he was trying to say without your interpretation. I'm glad you posted.
It is ignorant to come up with 1.5 million for 24 songs. People have attempted homicide and paid far less. There is a great disparity in punishments for various crimes.
packrat - while I agree the fine is not reasonalbe, I have to disagree about the industry having to go after everyone or no one. Law enforcement works this way, it's called selective enforcement. This means they go after the ones they can. You cannot ticket every speeder, so you ticket the ones you can. If law enforcement or the courts must prosecute every offender that ever did anything wrong or not prosecute at all, nothing would ever get done. That being said, this is a civil torte, not a criminal one. The person (in this case the music industry) can choose who they want to sue. They don't have to sue everyone who has ever wronged them.
@guito = Copyright lasts for 70 years after the author's death, not 7 years. You might be thinking of patents (I think they still last for 20 years).
It is much easier to hack into something than to prevent people from hacking into something.
Cover bands probably are violating copyright laws, but it is a lot more palatable to the record companies for obvious reasons to have a bar band playing music that is not being professionally recorded to a few drunks on a Friday night than to allow thousands or millions of people to download songs permanently into their iPods. People that record covers of other songs usually do pay royalties.
Angelo Mozillo is a crook, I can't argue with you there, but that does not excuse this woman's behavior.
Welllll, actually I agree with you one hundred percent. What I take issue with is the fact that this woman broke the law. Yeah. It's a stupid law designed to protect a bucket of bolts at the top of the food chain (Like so much other b.s.). It needs to be changed and likely won't be unless someone or someones (sorry for the grammatical outre there) fight. But this woman did break the law knowingly and wilfully. She knew she was breaking the law. She had a chance to get out of it and declined and now she wants to play poor mouth as an excuse to not pay. This is not a fight over the validity of the regulation. I have zero sympathy for this woman and it would not break my heart to see her go to jail.
I have so many friends across the full spectrum of the music industry and I have heard many arguments both for and against these regs. Not surprisingly, the higher up you go, the more likely you are to find those in favor.
guito, I don't know where you get your information but copyright extends far beyond 7 years. As long as the owner lives, the copyright is intact and they own the rights. If they pass away, their estate owns the rights for a certain number of years after that (I believe it is 75 years but I may well be mistaken) unless they continue to pay to reinstate the rights privileges. In other words, if they own it, they own it. John Fogarty cannot even sing his best known song without paying someone else for the rights to do so because an unscrupulous manager many years past has a contract that says he owns the rights and if CCR and Fogarty part company with him, he still owns the rights. That means Fogarty doesn't own his own song ... And guess what. He won't sing it. Period. Kinda sad the way the world works, huh?
Kazaa does not even own the computers you are getting the songs from. All they do is provide the software to allow others to get the music from YOUR machine. Sure, it's free software, but as they wrote it they don't HAVE to charge for it if they don't have to.
But really, why would anyone want to put software on their computers that allows ANYONE to look and see what you have on your computer. Can you imagine what else you may have picked up while you were downloading that song you thought were so cool?
Now to the point of "well, I should not be charged for the crap songs they added to the album" everyone of us has our own tastes in what is crap and what isn't. I personally don't like gangsta rap, Lady Gaga, or even Kid Rock when he thinks he is singing country music (ummm, that's country? that tune you are using came from an old Eagle rock song).
How much of the 1.5 million dollars will go to the artists and how much will go to the company and lawyers? If the artists actually got the majority of the money that might be one thing--but we know who actually gets the bulk--and it isn't the artists! I agree that she broke the law and should have consequences--but this is over the limit. The artists will be lucky to get anything at all out of this!
Cover bands DO legally have to pay fees for the music they play, but they pay them to ASCAP. The American Society of Composers, Authors and Publishers. They collect the fees from people who perform work written by others and then pay the royalties direct to the person who WROTE the song.
A band has rights to their recordings, but the composition or sheet music belongs to the composer.
ASCAP used to send inpectors around to bars and honky tonks to see if the band or piano player is performin copyrighted work and if they had paid a license fee to ASCAP. If not, they could demand payment or ask that they cease and desist. I don't know if they still do it that way.
As for the artists fees for singing the music and the band playing the music. That's just the cost of business. Their music so not worth more than $.10 a download and lest you buy an album for $9-$10 or more. Music just isn't worth that much money.
And I do believe this is being used as a scare tactic is well just to make an example out of.but for $1.5 million get real.
In this day and time people are suffering from foreclosures, losing their jobs, not being able to find a job, not being able to pay their electric bill ,gas bill, telephone bill, or any othe or any other necessities that are needed for daily living. These expenses are more important than the recording company's lawsuit.
I, for one, will not be all that surprised to see this ignorant, excuse-making woman move to New York to run for governor on the "Fines for Jacking Music are Too DAMN High" Party.
CONCERNED, I really despise "poor me" attitudes like yours. Apparently you believe that because someone else in the world has talent and has more money than you do, he deserves to be victimized by theft. That is a loser of an attitude that you have there, and it fairly screams, "I have nothing and have no talent and therefore am jealous of others who are the 'haves' in this world in which my ignorance and jealousy relegate me to the realm of the 'have-nots'. I want the world to recognize me for what I am: a loser".
The record industry and all artists have been damaged well beyond 1.5 million, one small example would be Aerosmith whose catalog in 1990 was worth hundreds of millions of dollars but now is worth nearly nothing because people don't need to buy the music if they can share it. How woulkd you like it if after a long hard week at work your paycheck weas given to me??
NORTH MIKE: After chastizing posters for not knowing the difference between civil and criminal law, you posted the following at the end of your comment about how this is merely a jury award in a civil case:
"What she did was wrong, but was petty theft."
C'mon, MIKE, get a grip. This is a CIVIL case. "Theft" is a CRIMINAL term.
"How woulkd you like it if after a long hard week at work your paycheck weas given to me??"
Well...that's kind of what taxes are about...at least the ones going to entitlements. I don't resent paying for medical care for old people though. Or financial aid given to students based on need. Or free education paid by taxes for those who don't want to homeschool kids or put them in private school. Or free lunches for poor kids.
I merely object to the waste or those scamming the system, as well as support for immoral things like abortion. We all live with benefits from others' efforts (past and present) and we should all put in more than we take out, like so many others have to our benefit.
Still people need to be paid for their work, before some of their money is taken for tax purposes. Nevertheless, considering the value of this woman's theft was $24, I find it hard to believe that enough people stole the songs because of her efforts to make the sum of 1.5 million dollars. That would be 62,500 people.
Even if they know all those people stole the songs, furthermore, they can fine each of them $24 as well and get all their money back! They can go after all the guilty parties instead of being lazy and going after one person who is not guilty for what the other people did after all.
Assessing each thief a reasonable penalty on top of that $24 would be fair too. Unfortunately legal folks don't seem to have any concept of reality in what they're asking for--disconnect from reality is at critical mass in the legal profession, apparently.
NORTH MIKE, you don't know what you are talking about. "Theft" is a criminal term. "Larceny" also is defined in the criminal code of most states. "Burglary" and "robbery" also are misused by most lay people, as most people who are not in the legal field believe that burglary relates to theft.... not necessarily so. Many lay people also mistakenly refer to "robbing an ATM", which is nonsense, but they say it because they do not have understanding of the criminal code and legal definitions in most states.
The civil term you are searching for is "conversion", and it is a tort. Look it up, and learn something on a Sunday, huh?
I've never joaked, not even jokingly! I hear joaking in some countries is even illegal and in other countries it requires a special license and annusl certification.
she should have thought about that before all the copywrite infringements. while i think the charges for downloading are high; i for sure believe that the people doing all the work so we can enjoy should get something each time their work is used.
If you can't afford it don't download. If you download pay for it. I am so sick and tired of moms using their kids as an excuse to get out of bills. She should have thought about feeding her kids before she ran p the bill.
SuzyQPA the thing is she didn't pay for them at Itunes, she stole the songs and got caught. She shared more than 1700 songs but was only prosecuted for 24. So maybe she should pay for the other 1700? This sends a message: stop stealing! Or, as I like to see it, don't get caught stealing!
Guess people will go back to recording them from the radio which in reality is no different from getting them off the net. Both results in getting the songs one wants except one way has been ruled legal and the other illegal but really what is the difference?
She is a idiot. She was given the chance to settle and took her chances in court. Now she complains about it and many of you back her? lol She could have just settled for 5k and it would have been over long ago but she decided to game the system perhaps using her poor ole me single mom to get sympathy. It did not work. And with all of this, just what is she teaching her kids? it is ok to break the law and then moan and groan about it to get out of your responsibility? She is doing a good job of showing she is an unfit mother.
In the words of Baretta- If you can't to the time, don't do the crime.
T-Bird69, If you are listening to the radio (to record your music) it means that the radio station has paid the musician/record company for the material that you are now listening to. In addition, in the course of listening to the radio, you probably listened to a few ads, which were the ultimate source of the money that was paid. Now if you distribute that copy of the tape you made, without the ads, etc, then that is actually also illegal (actually illegal even if you distribute with the ads, but that's not the point)
So, if she stole a loaf of bread, she should get the death penalty, right? I don't know why I bother debating so many people spewing self-righteous ignorance, especially those who criticize her welfare babies when you don't know anything about it. Hasn't anyone heard, "Let the punishment fit the crime" ? I guess there will always be a significant minority who can't distinguish between a petty crime and a major felony. By that logic, if you ever got a speeding ticket, you are a criminal as bad as any rapist or murderer.
SJ: You can copy it off of programs that air the songs without any ads. Also knowing several people that work at radio stations and such most stations do NOT actually pay for the music but are given the music to play for the free advertising they get when the song is played so as I said before in reality there is no difference from copying off of a no add station or the net.
The radio station, commercial or subscription, has the rights to air music. (usually for free, but sometimes they have to pay.) You still do not have the rights to record it and distribute it.
As to the seatbelt analogy, you must not have done well in math. A $250 fine for not wearing a seatbelt 1700 TIMES is $425,000.
Stop trying to justify your own illegal downloads by defending this crook.
JW: Never said anything about distributing it just recording it off the radio and yes it is legal to record off the radio. I have no problem with people recording/downloading music for their own use I do not agree with doing it to make a profit off of.
Question though where did the seatbelt analogy come in at cause I know I didn't make it?
Why does it come down to take her kids. That way the people that pay taxes will pay to raise the children. Yes she should have thought about. I'm sure you have done something wrong yourself. Did you know, not coming to a complete stop at a stop sign is breaking the law (complete stop is 20 seconds). Spitting on a public sidewalk breaks the law I can go on and on. Spend one day thinking about the things people do like putting money in a meter because you thought you where helping somebody not get a parking ticket is breaking the law. Please think before you take someones children away.
Have you thought about the trama it would cause the kids? The foster homes it would use up that real abused children could use? The fact that the state would then have to support these children and not to mention the type of abuse that goes on in SOME foster homes! Do you know what its like to feel like a child in a home thats not really loved or wanted?
Maybe she should be fined but the idea to take her kids away is thoughtless!
Take her kids on what grounds since when is downloading music evidence of being an unfit parent ! take her kids put them in the foster system where they can be abused or neglected ! then grow up tp commit real crimes that actually hurt people huh ! instead of taking people tp court the music industry along with the film industry should be developing ways to truly protect its material so that it can not be shared !!!!!
I agree 100%!! Everyone knows it is illegal to download music but we do it anyway. That doesn't mean it is right, it just means not all of us get caught.
If you can't afford to pay for downloads because you need to feed your kids, then DO WITHOUT THE DOWNLOADS!!! SIMPLE MATH.
And where are you going to take her kids? Foster care? There's more tax dollars down the drain, and it doesn't solve the problem.
Just as kids 20 years ago made copies of cassette tapes, kids now are downloading and sharing music online. It's the exact same thing. Now go back and think, did your kids ever make a copy of a cassette tape or two? Well if so, and even if you disagreed with it, you need to go right now and write a check to the RIAA for 1.5 million dollars. Go on now, quit yappin' at the mouth and actually walk the talk.
Take her kids?! For 24 songs? I have paid for the same songs 5 times over. First on vinyl, then cassette, then cd and now itunes. Does the music industry owe me money? Hells bells, use some of the profit they make off people like me to pay for her 24 songs.
Sounds like she might have other problems that are more troublesome to society--like having children she can't afford. But that is a whole other story...
I have a good mind to plaster this thread with a few more editions of this comment. Take her children ????
Who's the utter jackass responsible for that thought.
OK...........Copyright laws are in place for a very good reason. As long as there are people, laws will be bent / broken.
Yes, she broke the law, and downloaded / pirated a few songs....... if she were the only person doing this, it would be one thing
However, until such time as the entertainment industry is ready / willing to go after ALL pirates, this girl should be fined a realistic amount, with a reasonable payment schedule, and let go on her way.
This baloney of trying to make an example of her, just does not have any rhyme or reason, and cannot be justified by any stretch of imagination.
Give me a BREAK! It's not like she's an arsonist for hell's sake. Take her kids...Pleeeeassee. In the old days, you could make a cassette tape of anything you heard on the radio or from a vinyl album, and share it with whoever you wanted and no one cared. Now that the internet allows sharing on a mass scale, the publishers are up in arms because they see a way to increase their profits even further. But going after single moms to obtain million dollar plus judgements that can never be claimed?! C'mon. The court costs alone for this single case spell out quite clearly that they are seeking to send a message to those who share small numbers of songs - and the scare tactics will never work.
"Take her kids"... what kind of corporate hack are YOU?
 "Take her kids" Rediculous! The artist aren't making money from these websites so they are not missing out on it. A friend of mine recently found his band/songs on LimeWire and nobody in the band gave concent. Somebody is making money off of them, but who??? Slap her on the wrist, throw in in jail for awhile, but "take away her kids" or make her pay millions of dollars...I don't get it.
Was she selling these songs or making CD's? Why are the fines so harsh? Makes no sense. Maybe it's like the millions of dollars people are awarded when they spill hot drinks on themselves...wtf?
Somebody should have taken John away from his mother along time ago or maybe they should take his kids if he has any, then maybe his moronic line will end
Yes, take the kids, her welfare check will go to the foster home instead of to her. I think tonight I will go out and steal that new Corvette I have been wanting so bad. After all, I deserve to have it, and I can't afford to buy it as I am on welfare. Its only a car. If they come after me, I will tell them that I won't be able to feed my dogs. Screw them anyway, GM stole that money from the taxpayers anyway.
"Amen" about taking a peron's kids over songs that can be heard on Youtube and the radio all day long and are worth at most 1.00 per song? Seriously, "Amen"? Are you actually Christians? If so, that comes off as the judgmental types who have no problem with supporting corporations in everything, such as the corporate war in Iraq. "Who cares about all the innocent non-white people dying and caught up in the war, praise Jesus!" Please don't use "Amen" and call yourselves Christians if you have no compassion and are nothing like the Jesus of the Bible, who went off on the money changers in the temple (I'm not trying to say it's right to steal, but please don't be complete corporate tools!).
Yes, she broke a law. Make the punishment fit the crime. Keep in mind a few things -- The person would not have paid for the music, anyway; there's almost no chance she actually made any profit from the downloading; the songs usually cost 1.00 each; the songs can likely be heard for free on Youtube and the radio all day long; the artists, themselves, are almost surely not going to get any money awarded from this suing; no actual physical loss of property has occurred, such as the post alluding to stealing a Corvette; the songs aren't even on a form of media that can be properly sold, such as CD's to a pawn shop or on Ebay, etc...
But pirating the music IS illegal and is worth a punishment. It should just be reasonable to fit the crime properly. Even if her attitude was lame, that should not make the cost 1.5 million dollars. Should everyone who ever did anything wrong or stolen anything be charged 1.5 million dollars for also having ill attitudes?
What are you going to do when they outlaw the kids? how about getting caught with a lightbulb? Ahlla Forbid, What are you going to do when they storm your house, line you family up & shoot them for having a Bible in the House? I hope that is not what you want. America is not the country it once was. We WILL have "papers" in this country. We probably wiill be having millions of American slautered because of their, religions, beliefs & how they were born. Why do you think That Communist China is now called "The Peoples Republic" They know that the cattle will be hearded off cliff by fools who cannot see the comming of a Police State. They have alredy found a 4 yr old girl of criminal neglect for racing a tricycle down the sidewalk. What are they going to do to her? Fine her 1.5M, put her in jail & let the BTK serial killer out. Do you think a firing squad is a just punishment? Hey if you can do the crime, why not.
If I choose to not come to a complete stop at the stop sign I fully expect to get a ticket if I get caught. Difference is that the fines for that are usually written in the law but if I went thru and caused someone else to get into and accident with a witness that it was me and I ran the sign, even though I personally did not get hit the civil suit is NOT limited to the amount a ticket would have charged me.
Now, let us look at an example of the difference between criminal and civil. Criminal they have to prove beyond a reasonable doubt that you did it. civil they only have to prove that there was a possibility that you didi it.
For example: O.J was aquitted in the criminal trail where he was accused of killing his ex-wife. They did not have the evidence to prove beyond a reasonable doubt whether everyone thought he did it or not. BUT her family took him to civil court where they only had to prove that he could have and they were awarded everything including his kids.
While I think that a civil should be required to to prove closer to the requirement of criminal AND not be used to circumvent the double jepardy laws (you can't be tried for the same crime incent more than once) it currently is not the case.
Wow, "take her kids", you are a genius! I imagine we could start a fundraising event where everyone paid a small fee to get your address or phone number. These fine folks could then pelt you non stop with ridiculous comments like the one you just made. We could probably raise enough money in a few hours to pay this woman's outrageous fine and EVERYONE would be happy. Maybe someone should have taken you from your parents and raised you differently, you might possibly have a little more sense. MORON!!!!!!!
you need to shut your mouth about taking someones kids. why dont you go after the mothers that are too busy doing crack for days straight that they forget their children and they starve and die in their cribs than a mother who does what almost every single person does every day by downloading a song. you have some serious moral issues coming from a single mother herself. that punishment does not even FIT the crime what you would do to the children.
 She should have thought of the money to feed the kids BEFORE she committed the crime. Why do people think they have the right to rip other people off? More of the entitlement mentality this government created.
Even the rich and powerful feel entitled. Many feel they should have to pay no taxes at all. Always have always will. Comes natural to some people - rich or poor. No government needed.
everybodysmom: yep, the government made her download the songs and then share them. Why didn't the RIAA sue the government as well? I cannot stand when people say crap to try and be witty.
Anyway, she is responsible for her actions, but I think the damages are way too high.
This women is only guilty of one thing, thats doing what everyone else is doing. The music industry needs to change, its that simple. What a powerplay by the music industry going after a women who probably makes less then 50,000 a year. Last time I checked P diddy wasn't broke.
And what the heck have illegal aliens to do with this matter?
I mean I understand an illegal alien probably is doing your wife and u are pissed off, but keep your obsession to the threads relevant to the immigration matter.
Funny. It's my understanding that a country's people make up the government. The entitlement mentality you're referring too has grown out of the compliancy and laziness of the '60 and '70 generations. Then they passed it down to their children. As of today our hope lays with our children. Did you know that currently over the last 5 years record breaking numbers of kids are volunteering in their communities? It's a good start...
I have checked out your posts on other topics. This one has nothing to do with candy assed liberals or illegal aliens, but that seems to be your response to everything, even if it is usually off topic. This one is about a woman who was caught stealing. Caught! Stealing! It isn't a complicated issue. Does the punishment fit the crime? Perhaps not unless you consider that for every one who gets caught, there are countless others who don't. There was nothing in this article to suggest that she was a candy assed liberal, or an illegal alien. BTW, I am a candy assed liberal. Want to stop by for a taste some day? I promise I won't tell your wife.
LOL @ Rezsia... And I quote, " The entitlement mentality you're referring too has grown out of the compliancy and laziness of the '60 and '70 generations."
I believe the word you were looking for is COMPLACENCY, which you would have properly used if you were not, yourself in fact, complacent. Try dictionary.com next time...
@HybridSnake... Rezsia could have been trying to say that the 60's and 70's generations were "compliant" in being lazy. Maybe someone requested that these generations be lazy and they were "complying" with that request. I agree with you Snake, complacency is a terrible thing. So is illiteracy, which is why becoming complacent in your studies, Rezsia, is unacceptable. Dictionary.com is indeed a wonderful resource. Spell check might help Rezsia also. Snake, you are a funny individual. LMAO!!
@Inm8guard and @HybridSnake - Thanks for both of your critiques, but this is a discussion board. If you do not have anything to add to the topic of discussion then why do you even post?
reszia, while I agree that having a new generation of volunteers is a good start, the "topic of discussion" was an obscene and ridiculous judgement for a lady using a program that not only downloaded copyrighted music, but also made it available to others. Nothing like criticizing people for being off-topic, when you are off topic yourself, hmm?
it's doubtful that the person even knew that her computer made those songs available.
no, you don't understand. This ruling was to teach a lesson on pirating over the airways. I'm sure you wouldn't say what you said if you were the victim. You can not justify the crime being committed by this single mother!
would have been a good idea, but she probably would have declined that too. Since she decided to take it to court however, they now have to pay the lawyers involved and I'm sure it cost more than $5000 just for the lawyers
The $2,500 dollar fine sounds more fitting to the crime. I agree that she should have to pay more than the $1.00 iTunes charges otherwise she isn't paying the consequences. Why are they wasting their time taking this to court anyway? She has openly stated she would file bankruptcy if she has to. The debt will be forgiven anyway. I think what would be more appropriate is to have to pay a small fine and by speaking at middle schools and high schools about why this is wrong. I personally have had to pay over and over again for songs I really like because the record, cassette, cd, dvd or any other format eventually gets worn out or they change the format of how it is distributed.
The entertainment industry is making lots of money on that, but they are losing money on the things that are truly pirated and reproduced multiple times so that someone else can sell them and make money off of it. Let's go after those who sell the items that are reproduced. No one should have to pay a fine for sharing a cd, movie or book. That is free advertising for the industry.
1700 songs... I most definitely do not feel sorry for her, not one tiny bit. I say she goes to prison--and sooner rather than later, that way her children have a chance to be influenced by someone with some character and sense of responsibility.
There was originally a settlement offer of $5,000 but she chose to go to court. I'm sure if she'd taken the original offer, they would have allowed her to make payments. But I can't imagine any normal person being able to EVER pay $1.5 million.
She should pay 1.00 per song PLUS a fine on each song. Otherwise, every legal downloader will start downloading illegally. If there's no penalty, why not?
Jeff :she is teaching her kids not to follow laws that are obtuse and morally retarded which in my opinion is a good thing.
Sj23: the radio may have paid for the right to play the songs but they didnt pay for the right of you recording them. so there is NO difference from recording off the radio and downloading off the internet.
Vikki how does $5,000 turn into $1,500,000 legitimately???
"no, you don't understand. This ruling was to teach a lesson on pirating over the airways. I'm sure you wouldn't say what you said if you were the victim. You can not justify the crime being committed by this single mother!"
Have you ever thought about it from the perspective of one of your family members being in the place of this woman? If so, I'm sure you wouldn't say what you said in that situation. It's not about justifying the crime but rather justifying the insanely disproportionate and unrealistic amount of compensation being sought and a person and her family's life being utterly ruined over the matter.
The punishment should fit the crime, and if you've ever done anything illegal, you probably would want to be shown a bit of mercy rather than have your entire life ruined even if you had a faily lame attitude at the time.
Her life would not have been ruined if she did not UPLOAD 1700 songs for others to steal. Her life would not have been ruined if she would have accepted the $5,000 settlement demand.
I seriously doubt the RIAA is out for a pound of flesh. It has made its point, and would probably still accept a modest settlement, especially now that it has this headline. So, her life would not be ruined if she scrapes together whatever excess cash she can beg or borrow.
Maybe she can sue her lawyers for malpractice and assign her claim against them to the RIAA. Maybe all of you who are so sympathetic to her can send $1 or $10 or $100 to help her out. She isn't getting any of my money or sympathy.
Why don't they take their songs off the internet and then no one can steal them. They know what people do when their songs are on these sites. Why not make it a membership to enter a site to download music and then they will know exactly who downloads and how much.
Unconstitutional I agree....Who has that kind of money??... How many others have downloaded music and have never got caught.. Child Molesters, Child Abusers, Muderers get off with Less...
Hooray for your comment, it's unbelievable sometimes what people who hurt others, especially children and the elderly, get away with such little consequence.
It is amazing how our justice system works. The less you do the more you pay, the more you do the less you pay, how fair is that. There are so many people that download music, how many other users used the program she did? Are they all in court? Are they all being sued?
So Biddey, Seeing as you are are a constitutional expert and all, would you mind sharing just which amendment of the constitution this violates? Ya know...for all of our benefit
I know I would argue the Due Process Clause, that was how the punitive damages were reduced in the Exxon case. There are separation of powers issues here, though - Congress gave the courts the ability to award certain amounts of statutory damages.
As noted in my numerous posts above, I have zero sympathy for this woman, so that may be tainting my analysis, but I think she is likely going to have a tough time persuading the 6th Cir., and especially the Supreme Court, that the award should be reduced.
Just my two cents. 97 more and I can buy a song on iTunes.
Amount of money has nothing to do with it. If the Courts say it's legal then it's Constitutional for now.
Why doesn't she just end it and file for bankruptcy now? Why keep going through this and pulling your kids into it.
They should just pull all this music off the internet if these people think they can charge this kind of fine. Or change the law as with any other thing on the internet if it's there it belongs to the community. It is no different when a person picks out a paragraph in a story and posts it in another location. Just as your opinion here can be repeated anywhere. Worry about your copyright laws in China.
If it's such a crime forget the excessive fines and give her 90 days in jail.
She broke the law, period. Her attempt to hide behind her children is disgraceful! The fine is excessive, but she needs to realize that you cannot steal and that is what she did.
As the saying goes, if you're going to do the crime, better be ready to do the time.
Think maybe $10,000 or $50,000 would have gotten that point across? No one will ever collect that kind of money. The idea is "scare" others - and - it will probably work.
It would be a better scare tactic if the amount were scary yet reasonable. She is going to file bankruptcy and never have to pay a dime of the money.. and once she does that it will be in the papers, and all over the news. Then when someone downloads another song they won't worry about the astronomical fine they may be charged if THEY (1 out of a billion) are caught because they know bankruptcy is the key and an option.
Bankruptcy laws are the most unfair counter productive laws we have in this country. For the most part, they are only useful to and protective of criminals. The fact of the matter is, if the fine was $100 this woman would still refuse to pay and/or probably still also file for bankruptcy
Read the article again. SHE REFUSED to pay lower fines in earlier courts and out of court settlements. SHE is taking up the court and attorny times and costs. SHE is chosing to continue to go back to court. What SHE expects is the jury to say "It's ok dear, you should get whatever you want for free."
Well, gee, I guess maybe the music industry should crack down on ...illegal dumping? maybe spitting on the sidewalk? Music copyright infringement is the music business's BUSINESS!
Ok, Ive been reading these posts and just can't imagine that anyone thinks she should or could pay that amount. I think the case itself has made a statement, why go so overboard in the damages. As far as the music industry, Isnt it well known that the record companies, managers, accountants steal way more from the artists than anyone could ever imagine? This is just ridiculous! Do you know that people found in possession of drugs, and people responsible for assault are only fined sometimes 50-500 dollars? NOT thousands, millions; and these are crimes that actually physically hurt others! I just don't understand some peoples thinking.
OK I have to agree with both sides on this. Yes she broke the law, yes the amount is completely ridiculous. But JacCanada has the main point here... If you don't want something copied don't put it on the net... Just like a nude photo of yourself... Would you put it out there for everyone to download for free if you could not put it out there and charge for it...
And yes I bet money I was one of the biggest "thieves" growing up, Because as a child I cannot remember a day after age 10 that I was not dubbing a cassette or 20... and I had the setup so all my friends wanted copies normally...
Everyone has broken a law... I dont care how good you are, with this government it is impossible to live without breaking laws... Did you know that in some cities across the country it is still ILLEGAL FOR A MAN TO SHAVE DURING DAYLIGHT HOURS!!! because 150 yrs ago it was considered rude to stand on your porch and shave...
So to all of those judging her about stealing, st fu and realize we are all breaking the law all the time but they should not be able to go to extreme like this(do you wanna be an example next time you cross outside the line of a crosswalk)
And to all of you saying $1 a song and feeling sorry for her, Yes i sympathize over the amount but bottom line is she got caught and should have just walked out paying the $5000... So the amount now(no matter how ridiculous) is no ones fault but her own..
umm, if it is on Kazaa the recording industry DIDN'T put it on the internet. Someone else did from a hardcopy (cd etc.). Most places where the industry put it on the internet they have it set up to not allow you to copy the song off or to limit how many times you can copy it after you download it. They also use counters to make sure everyone who is supposed to be paid a share for each download gets it.
I think if your a mom...and took the time to think about what that means before you jumped into bed, maybe feeding your kids would come before downloading music. Just a sign of the times. But what do I know?
If you're really asking, then you know nothing. If you're asking what it is you think you know, well then, I'm sure you think you know everything there is to know.
Absolutely ridiculous!!! Are these jurors idiots? Has this world gone mad? Slap her wrist, give her community service, no better yet, go ahead & ruin her life for downloading music. unfathonable, idiotic, stupid....typical!
Note that the RIAA originally offered to settle for $5000; she refused. They agreed--after a jury awarded them far more--to settle for $25,000; she refused that, too.
oh wow, the fines are stupid, and as a single mom myself im not sure why the fine is so high, but community service should be enough. Everyone is so worried about making a buck! what happen to being able to listen to music. What happen if u recorded music off the radio? will u be thrown in jail? i mean really....now if ur downloading and selling well thats different. thats all i have to say
Thank you, really?...I was beginning to think that no one read this article beyond the headline. So paying the fine will take food, clothing and a roof over their heads from her kids. Maybe she should have settled for the $5G, agreed on a payment plan she could afford ...instead she is paying a lawyer the money that could be feeding her kids (or she could be using to pay off the fine), unless, of course, she has a court ordered attorney, in which case we are paying the lawyer. I think everybody should have been aware that downloading and sharing music was illegal. She should have paid for the music. She wouldn't be in this position if she had. At some point, we need to start enforcing personal responsibility again, instead of paying off the lawyers.
That's what's wrong with people today. A wrist slap doesn't bother anyone anymore. They walk away and laugh behind the scenes and say "I got away with it". A wrist slap is being too passive and no one learns anything. This is why morals have taken a dive. If no one's held accountable then this will continue. I agree it's high but I can't believe she outright refused to be accountable at all. That's like a 3 year old throwing a tantrum. As far as there being more serious offenses, well if people aren't held accountable for the small things then they think they can get away with anything. A crime is a crime.
It's the same greedy grab-ass attitude that motivates credit card companies to raise interest rates on their cards for no reason other than that they just want more of your hard-earned money. We work for the money and they sit up in glass towers finagling ways to get it out of our wallets. Shame on the greedy bastards. Look at the Grateful Dead--they have never tried to keep fans from recording and sharing their music and they seem to have profited nicely despite that philosophy. You know, you get what you give. And karma is a bitch.
Ventana-The credit card companies can't take your hard-earned money if you don't carry a balance. Read the credit agreement. If you don't like it, don't apply for the credit card. If they raise your rates, pay off your balance and cancel the card.
I know that some people turn to credit because they lose their jobs, have medical emergencies, etc., and I feel for them. But far too many people use credit to avoid living within their means, and then they get upset when they actually have to pay the bills.
Yes, Grateful Dead does allow their music to be given away. THEY own the copywrites and they have paid everyone else for thier efforts. The owners are not required to charge anything if they don't want to except they are required to pay the companies that make copies for them to sell. I have no doubt though that Grateful Dead WOULD come after you if you made a bunch of copies and SOLD them. The selling of their works by you may not be part of the agreement they made to the public.
You are even allowed to not charge someone to have your house instead of selling it except for the costs of the title transfer IF the house is totally in your name free and clear.
Limewire is under a Federal Injunction to CEASE AND DESIST ALL IT'S INTERNET SHARING PROTOCOL for this EXACT SAME THING (because when you just even LISTEN to music, their sharing protocol automatically downloads the music or video or image onto your computer media player/playlists, and YouTube is pending a Federal Investigation for the same... INTERNET "PAY-PER-VIEW" ONLY is on the horrizon, folks... No more watching "I Love Lucy" for free anymore. There is also a Special Interest Group lobbying Congress to shut down Free-Air Television, also because of this kind of CORPORATE GREED...) And THAT'S EXACTLY what it all boils down to folks - REPUBLICANS!!!
OK. Let's get something straight. This is a civil case. Community service and jail time are not on the table here, folks. This is one party suing another party for the harm that the other party caused to the suing party. The award is either a) monetary damages or b) injunctive relief. That's all folks.
Respect other people's property or pay - that's what this all boils down to. It's pretty bad when a lefty like me has to defend other people's property rights and defend the virtues of capitalism. This one seems pretty cut and dry to me, especially since the large amounts were awarded by three different juries.
these music artists are hurting so bad that they can only afford to buy 5 or 6 houses at 2or3 million a peace instead of 10 or 12 houses at 5 to 6 million a peace and out of all the people who download songs from those sites they pick a single mom with kids to rake over the hot coals
Maybe for the next year we should all boycott the record companies- let them feel our wrath. This is outrageously stupid and unfair. It is MUSIC not the secret to Life!
A fine is reasonable, a $1.5 million fine is not. She didn't murder anyone or bilk investers out of millions. Tens of thousands would have been more than enough to get the message across.
I enjoy listening to music but I don't enjoy the cost of Cd's. I can turn my radio on, my direct TV, even youtubeand all that is not illegal. I think it is sad how much money they make off of one song. I work my butt off everyday helping insure people have medical coverage so they can get the medical care they need and in my life time I will never make as much as some one does off one song. Maybe the music companies should look at the little people that have gotten them to where they are today, with out us they wouldn't have jobs. I agree they should be able to make a living and earnings for what they do but the amount of money they make is unreal and ridiculous. People who think she deserves to pay that amount need to stop and think how many times have I borrowed a friends cd, or dvd? oh wait but thats not illegal. It's so quick to judge without looking in the mirror.
Actually I think youtube pays a license fee for every copywritten song and video viewed or else they would be sued also. every one of those files you see has a counter on how many times it have been viewed so they can pay the appropriate royalties. In otherwords they are covering both their behinds AND those that choose to share the files. I do not remember if you can actually download from youtube.
this is totally bogus, the woman didnt profit from the downloads or make a buisness out of them. They should go after the dj's who download them for their job !
makes me wanna go through a proxy and download millions of songs to piss them off
DJs are The Ones who put the music out there in front of the people who go out and BUY IT. This statement is absolutely STUPID! DJs used to be GIVEN the music Directly from the Record Companies to promote the sales of that music to everyone the DJ plays it for. Don't Be An IDIOT, Please.
Yes Laura... she stole their work. And what about all the millions of people who record an NFL football game with the DVR that their cable company supplied to them and without the express written consent of the National Football League?
Let's be serious here for a moment. She stole SONGS! SONGS PEOPLE! She didn't commit a heinous murder, rape, she didn't use taxpayer's money for prostitutes, or commit mass murder. She stoles 24 SONGS! That's it! 1.5 million for 24 SONGS?! Give me a break.
I agree that musicians work hard and should be compensated for their work. I also agree that she knowingly stole the music. But, does the RIAA want us to believe that the 1.5 mil will go to the song writers and artists that were wronged? Probably going to pay their CEO.
I feel the same way. Sad thing is how many of us could do this and not get caught. I would be curious to see. I think if 100 people from all over downloaded songs only about 1/4 of them would be caught if that even, and yet here we are asking someone to pay some ridiculous amount, are you for real. One other things, she downloaded 1,700 song why is she only paying for 24 of them? Can any one make any frigging sense of this?
You think that the cable company does not pay nfl for you to have the priviledge (that is correct, it is a priviledge, not a right) to record the game on your dvr? Way back when the cassette and video recorder came out (most people did NOT have reel-to-reel or 8-track recorders) what came out from that lawsuit was that part of what you paid to buy that blank tape went into a fund that was split between the music and film studios to cover possible royalty fees. As the mediums held very little it did not add a lot. now we have computers that can have terrabytes of hard drive space. Would you like it if they added the equivalent % to the cost to buy your hard drive and to your internet?
I happen to be a disc jockey and yes i do make money from the music industry. I also happen to pay dearly for the subscriptions to different music sites and companies (not only do I download some music I still get hardcopies from companies like Promo Only). I pay for this privilage and the music industry profits from me. it is a win win situation for everyone. The hard copies i get from promo only Cannot be resold to anyone except another PROFESSIONAL disc jockey. That is the law. so don't put DJ's and Radio Stations in this conversation. If I were to sell my CD's on e-bay or at a yard sale I could be fined up to $10,000 per song, thats up to $200,000 per CD. you do the math on that one.
I had a lot of friends who worked for radio stations (some still do) plus my sister has and does work for radio stations. Plus with my love of music and books I do try to keep up on the copyright laws.
Then why did she take someone else's ideas when she knew it was illegal, and she'd been asked not to (as have you) instead of producing her own ideas?
Because some things people create with their minds are better than others, and people will pay for them, while other things no one wants to pay for...yeah I think that's it.
txmom, she wasn't "convicted" of anything, this was a CIVIL LAWSUIT not a criminal case.
and most lawsuits usually go to the most highly paid lawyers. (IE corporate), and when that doesn't work, the corporations go to congress to get the laws changed in their favor. but that is the "texas way" , isn't it?
let companies steal from p[eople and call it "good business", and if someone steals a candy bar, they should get life in prison orr the death penalty.
danwill...."three trials" and accessed damages in each trial. This woman's gaul to even turn down a reasonable deal because she just chooses not to pay damages of her actions.. She is a dirt bag and one that is raising children no less.
She made a remark that she couldn't pay the fine and feed her children too. It would be interesting to know what sorts of public assistance she is abusing.
So what does that have to do with Texas or any other state?
She made a remark that she couldn't pay the fine and feed her children too. It would be interesting to know what sorts of public assistance she is abusing.
sounds like rush and beck style, elitist, personal attacks to me, "if they are struggling, then they must be scum". clearly, the far right worships only money and have no qualms about throwing innocent and hard-working people on the street, even loyal employees if it will make them a buck. then they cry that you should blame the victim of their greed.
bullspit
she could be working three jobs for all you know and just barely making ends meet without a lick of "public assistance", and she still wouldn't have five grand to pay the "settlement offer" so "generously offered" by the thugs of the RIAA, why don't they just send their mob buddies instead?
and Texas is the wonderful state that decided that contractors" couldn't sue the the company that "contracted" their services if they were injured, even if it was fully the companies fault. what is happening? the companies are laying off their loyal employees and offering to use thwm as "contractors" so they can avoid all responsibility.
and idiots like yourself cheer tham on as "hard-working and deserving", when the only thing they are working hard at is more creative ways to screw everyone else at all costs. screw morality and ethics as long as it makes a buck.
bullspit again.
my real complaint though is that as a criminal problem (theft) then it should be treated as such. but that wouldn't be "worth the record companies while" so instead, they decide to go on a big, well-publicized series of show-trial lawsuits, show-trials worthy of the soviet union in stalins heydey.
I've never said that it was OK to download music and software without paying for it (unless it was offered for free from the author), I said that the record companies only have themselves to blame for failing to adapt to changing times
The reason she was charged so much per song was because she shared each of those songs with thousands of people. She should of thought of the possible repercussions (i.e. not being able to feed her children) before she ILLEGALLY shared copyrighted material. Where has our morality gone? And plus, they have to make an example of somebody or it will never end and the music industry will go down the tubes as more and more people steal music.
The court should have kept with the first ruling. We had to spend more tax dollars for this crap.
The record industry is making plenty of money. They all drive Bentley's and have gaudy jewelry and big houses. They'll always be around as long as young talent comes to them to record.
And they steal from the talented artists who make them the big bucks. The price of CD's is too high. Think of what a Stones record used to cost and now look at the price. And the artists aren't hurting either, just look at their ticket prices.
Rome fell due to greed...the US is headed in the same direction
Are most of you people stupid? A person who robs a bank for millions of dollars gets put in jail and if they can find it they take the money back, if not its yours when you get out. A woman downloads 24 songs and gets charged over $63,000 per song.....ridiculous. Yes she broke the law and yes she shouldn't have done it but the punishment should fit the crime and in this case $1.5 million is stupid!!
Stupido wrote "A woman downloads 24 songs and gets charged over $63,000 per song.....ridiculous."
Read up in case you have not been following for years. The Single Mom was a server for over a thousand songs to millions of users. Effectively, she was an illegal distributor. It's one thing to download/steal a song. It's another to provide them to others for years.
Phinter66 wrote "The price of CD's is too high. Think of what a Stones record used to cost and now look at the price."
The price of a CD has probably kept up with inflation. "Stones" records and tapes wear out after use. CDs will keep their quality for a long time, and very accurate copies can be made for personal use under the Home Recording Act.
Vincent Denali wrote "The price of a CD has probably kept up with inflation."
Probably?? don't you know??
Hey Vincent, don't write about things you don't understand. The cost of making a CD is far less than an LP or tape. They did not keep with inflation they have always been overpriced. How else can you find some dealers selling a CD for $19.99 and others selling the same CD for $3.99.
the cost to BUY a blank cd is less but the cost to manufacture the recordings AND get them to the market has gone up do to the increasing costs of fuel, wages, electricity, etc. If I remember right what I am paying for a cd today is little more than I paid for vinyl in the 70's.
Darn straight. Not only are they above the law but they can teach that to their kids. Heck if you are the CHILD of a single MOM, you are above the law also. Darn it must suck to have two parents because not only are they not above the law but you are not also.
No wonder so many of our Politicians think they are above the law- after all they are all bastards.
SingleMom sympathy is passe. There was a time when abandonment or death of a father was a tragic event. In 2008, 40% of children were born out of wedlock. Today, booting a father out of the house by police restraint or divorce is the modern American female's coming of age event. You Go Girl ! And be a music file distributor while you're at it!
What the HELL is wrong with you. I don't agree with stealing anything. But if we commit a crime we are punished as it should be. But I have a problem when the punishment doesn't fit the crime and here is were it is WRONG. She should be punished for her crime I don't see where there is a crime here. Don't encourage someone to who may or even has commited a crime. You and your family might just be the one that is hurt by crime, will you then say (you go girl) I wonder.
If someone goes to Target and steals a CD worth $12 for 15 songs, they get a slap on the hand and are fined. This ruling is not only asinine, but it in no way falls under the punishment fitting the crime.
This is our justice system at work people... with the questionable term being justice.
Really... really? WOW! $5000 for 2 Cd's in essence. Let me say that again if you didn't get it the first time... $5000 FOR 2 CD'S!
Obviously what we have here is a major disconnect between people and what is fair and just. If you believe $5000 for 24 songs is perfectly reasonable, when small claims court settles suits equivalent to this every-single-day for way more valuable things than songs and at a fraction of the cost, then people like yourself really are fuel to this stupidity.
What people don't seem to realize is that not only did she download this music for her personal use, but she was sharing it with others online. So no, Shonymat, it wasn't the profit from 2 CDs that the record companies were losing - it was the profit from 2 CDs times the hundreds of other people who downloaded from her files. $5000 sounds pretty fair to me.
Only 1 problem with your analogy, she didn't steal just 1 time, she stole 1700 times. After being caught shoplifting a dozen times, you move out of the realm of "slap on the wrists", and I am pretty sure by the time you have 100 shoplifting convictions you start looking at some serious jail time. The recording company has done everything in their power to try to make it fair for this woman, but she chose to take it to court and gamble...well she lost that gamble. Look at how generous the RIAA has been:
- Reduced potential counts from 1700 to 24: reduction in minimum potential fine from nearly $1.3 million to $18,000 (minimum award is $750 per count)
- Offered initial settlement of $5,000 vs. minimum of $18,000: she refused
- 1st jury award was $222,000: judgement vacated as a result of questionable instructions
- 2nd jury award was $1.92 million: judge actually stepped in and reduced award to $54,000 and then RIAA was willing to settle for $25,000...she again refused
- 3rd jury awarded $1.5 million: appeal pending
Seriously, the RIAA has gone out of its way to be compassionate. She STOLE 1700 songs because she couldn't afford to legally purchase them. That the RIAA only pursued 24 of the stolen songs and even then were willing to accept settlement for less than a third the minimum fine shows they wanted to make an example of her while not destroying her life. She, however, thought she could get out of it in court and has lost (3 times). To me, her complaints are no different than any criminal complaining after conviction at trial about now facing a minimum 25 year term in prison after refusing a plea deal with a 10-15 year term.
Under federal law, the recording companies are entitled to $750 to $30,000 per infringement but the law allows the jury to raise that to as much as $150,000 per track if it finds the infringements were willful.
Listen. Obviously everyone in support of this judgment and who believe that the above quote is constitutional and crosses no bounds of "justice" being served are not going to be swayed by my little exercise in explaining that these amounts (no matter how many songs) are unreasonable.
The facts are... they sought compensation for 24 songs... not 1700... 24. She was found guilty, and now she must pay $1.5 MILLION back for TWENTY-FOUR songs. If you believe this to be fair, then I am trying to explain this to imbecile's.
I have a lot to tell the greedy bastards that even took her to court, you have to be kidding me, $1.5million for downloading music. Lets face the facts, do they really think she will pay that off in her life time, she probably wouldn't even be able to pay a tenth of that off. There for those corporate bastards still LOSE, yes, we all download illegally but are we really the ones to blame? I think NOT, I think they should blame the people that allow these cite to even be created, which are the people that actually have $1.5million to hand over. Don't forget about the companies that created the CD/DVD burnners. Did they really not think people would try to put music and movies on these discs and try to sell them? C'mon. All I think it is, is the corporate bastards are now mad because their innovation is coming back to bite them in the ass. I feel for this woman, this amount is retarded, even $5,000 is unrealistic for this unless she download 5,000 tracks then I would understand. I think they should only sue her for 99cents a track, which is the going rate for a legal online copy (iTunes, Napster,Zune ect.). All I think this is, is those dumb corporate bastards trying to see what they can get away with. Its us against them, they are going to lose regardless......
Federal law penalties in this I think (don't know for sure though) are only in case the case goes to federal criminal trial. The way I read this it went to a CIVIL trial at her request thinking she could get out of paying that Federal penalty. Most civil cases the jury decides the penalty and it is a gamble on both sides which way they are going to go. In civil court though they only have to prove that you most likely did it. They do NOT have to prove beyond a reasonable doubt.
You are wrong on all counts David. That is for civil statutory damages if the jury finds the infringement was willful, which three juries did. Also, you don't get to request a civil versus a criminal trial. In one (criminal), the State (aka the govt) is bringing the action. The other is initiated by a private party. If you could request a civil trial instead of a criminal one, I am sure OJ would have just gone straight to the civil one so he wouldn't have to risk doing jail time.
Finally, for willfulness, the standard is usually "clear and convincing" - something more than a mere preponderance and less than a reasonable doubt.
Ok Shony...so they only went after the 24 songs that she shared the most out of the 1700 she stole in the first place. She placed those songs on a server where they could be freely accessed. Since there are approximately 1.4-1.8 billion individuals with internet accounts in 2010 (according to the CIA and ClickZ), that would be the potential for 33.6-43.2 billion illegal downloads as a result of her actions. That puts potential damages at up to $43 billion. If less than 0.1% of individuals with internet accounts downloaded just 1 of the songs, that's lost revenue of $1.4 million. If only 0.01% (that's only 140,000 hits) downloaded just 12 of the songs, thats over $1.6 million in lost revenue. The fines don't seem so "outrageous" when you consider the potential damage this woman caused.
What world do you live in: obviously not the real world! You take 1,700 downloads and run it by 100 people, then they run it by 100 people and those people run it by another 100 and how many is that? It's 170,000,000,000 people, is how many!! Now multiply that times $.99 and what do you get? It doesn't matter than she didn't "charge" the people! That's a whole whopping lot of money lost to whoever wants to claim the loss!! Now, even bankrobbers don't make that sort of loot! Bernie Madoff, maybe, but it took him several years to come up with his 'amount' of change! A thief is a thief is a thief, no matter how you clean them up, dress them up and present them in court! It doesn't matter whether the stolen amount was $100 or One hundred million, it is still theft!
Something my deceased mother told me in childhood, and many other times, has stuck with me all my life, she said, "If you will lie, you will steal. There is no difference between a lie and a theft as they are both thefts; one is a theft of the truth, and the other of a tangible object." Even though, the theft occurred online, it was still a tangible object.
She has NO regard for the law, when she tells the court that she will simply declare bankruptcy if she has to pay the award. This one statement alone tells us of the character of this woman, the way she will bring her children up, and how she deals with life. This is a woman I would NOT want for a friend, nor her children to be friends with my grandchildren (my own children are grown).
If the object of her appeals is to simply fluff it off, then her children are so much poorer for it. If this is the lesson she plans to teach them, and I pity the children who will learn, from their mother, that stealing is fine as long as you don't get caught!! It will be us, the taxpayers, who will wind up having to pay her court costs, attorney fees, and most likely, her welfare payments. There is no way she had time for all these court appearances and work, too!!
I think you've mis-understood who awarded the fine. It was the jury that determined the amount not RIAA. RIAA tried to settle this thing early on for a small amount of money.
It's really tiresome to hear people defend their behavior by using the fact they have children. Oh, I have three children, so I needed the bank's money. That's why I robbed them. Oh, I have two children, so that's why I stole from my job.
Get another defense, woman. That one has been overused and doesn't work anymore. Don't have children, it's not mandatory!
you are an IDIOT!!!! I am sure that if this was you you would be trying to come up with any excuse possible to get your dumb a** out of trouble. people are out of work, losing their homes, their jobs, and cannot even put food on the table. i understand that what she did was illegal but 1.5 million for 24 songs or 1700 songs is Ridiculous and shes not trying to use her children as an excuse they are there they do "exist" and they need to be taken care of and fed i am sure the big record companies and rocks stars who have more money they they know what do with are not starving. I think that they should stop going after the "little guy" and go after the people who make is so easy for the songs to be illegally downloaded and shared. I think that they make it so easy on purpose because this is one more way for the rich to take money from the people who are struggling to get by. you people should be ashamed of yourselves.
I think that she should have thought about this when she downloaded the songs. Now she still has to feed her children AND pay a fine. If she gets away with this then everyone should be able to.
"everyone" already does do it! and quite frankly has been 'doing it' and getting away with it for years upon years. with and without children. imo opinion anyone who does this occasionally is a 'worst offender'. imo she has a discrimination lawsuit if she is smart. do it one time, and you've broken the law. do it a thousand times and you've still broken the same law. you can't be tried a thousand times for the same offense. where is the justice?
Rev. C, someone who has illegally downloaded close to 2,000 songs is not downloading "occasionally". She may have only been sued for 24 songs, but according to the article she's downloaded over 1,700 songs - AND shared those songs on Kazaa. I'd call that a serious repeat offender.
You can be tried for the same offense as many times as you committed it. If you steal 15 items (or 24 or 1700), you CAN be charged with 15 counts of theft. However, since the penalty for theft varies based on the value of the item stolen, by combining the multiple counts to a single count for the total value of the items stolen, you might increase the level of the penalty. She is just lucky that she didn't steal physical items because she would be looking at jail time for grand theft instead of just civil fines for copyright infringement.
Rev C., by your reasoning then if a person commits numerous murders that person should only be tried for one and back out on the streets in 15-25...come on! A crime is a crime.
$5.000 was too high. If I buy a cd, I should be able to burn a copy for a friend. It becomes my CD. If I rip a CD and let others listen to it or put it on my wife's zune, is it a crime?
it's a crime to not buy the music (download it illegally) and then distribute the music illegally to thousands of people.
if you buy a CD you can burn a copy for your buddy.
if you burn a copy for thousands of your buddies, you can expect to get sued.
this woman never paid for the music ($1.00), then distributed illegally to thousands of people ($1,000.00's), some of those people probably did the same ($1,000.00's more), on and on.
the $1.00 she didn't pay turned into countless thousands. the file sharing sites didn't do anything illegal.
she took advatage of what they provide.
she is the type of person that ruins a good thing for everyone by being an jerk.
Actually the letting your wife put it on her zune is a grey area. You can burn a copy for a backup but if you loan, give away or sell the original the backup is supposed to be destroyed or go with the original
Outrageous. As always corporate greed is upheld by the judiciary. Why not give her a realistic fine- why try to ruin the lives of not just herself but her family, as well? Crazy.
They gave her a realistic fine of $5,000 but she refused. Then they offered $25,000 but she refused again. So the only outrageous thing here is that she wanted no punishment and wouldn't accept a realistic fine.
I agree! It was her niggardliness that got her so far into this. I say if she can't pay why not remove one of her fingers, hands, eyeballs or even better, tar and feather her.
A realistic fine? She stole 1700 songs!! The RIAA was already more than generous to only pursue copyright infringement on 24 songs cutting her potential minimum fine from almost $1.3 million to $18,000, and then they offered her a settlement of $5000!! Her original "fine" would have been valued at only $2.94 per song stolen (based on all 1700 she stole and not just the 24 the RIAA chose to actively pursue). She has been fined $222,000, $1.92 million, and now $1.5 million by THIRTY-SIX different people. THREE juries of her peers have chosen each time to award the RIAA damages well above the minimum ($750 per song or $18,000), but still well below the maximum (which can be $150,000 per song or $3.6 million). She decided to risk going to court, now she needs to pay the penalty.
Obviously, she committed a crime. Obviously, there were victims. Obviously, the victims are entitled to compensation.
The question is, what exactly was the crime and what is considered reasonable compensation? If someone steals a 24 Snickers Bar does the Mars corporation seek damages of up to $18,000 per candy bar? There has to be a balance between charging the offender $1.00 per song (the actual price charged per song on iTunes) and a ridiculous $1.5 million.
Obviously, RIAA is trying to make an example out of this particular violator. Perhaps, lawmakers should consider making this type of crime a Federal crime (covering local, state, national and international violators), creating uniform sentencing matrices and removing the appeal of gaining too much bull@!$%# media attention.
This is not corporate, this is individuals who have worked and have a right to the profits of their work. She could have and should have paid for them - even if just $1 a song on Itunes. The amount is not for the songs per se, it is her fine because she broke the law. This is the problem with our society now. Irresponsible (her), greedy (her), lazy (her), theives (her again).
its the owner of the rights of the music which is mostly a split between the label and the artist(s)-- in order to sue both have to agree hence 24 of the 1700 "owners" pressing charges---
What you fail to understand is that the fine is not for her simply downloading the 24 songs to her computer (a crime in and of itself, albeit with a value of only $24), it is for then making them available for any of the 1.4 billion other individuals with internet accounts (2010 estimate by the CIA) to then download them via file sharing. If only 0.01% of those people downloaded even 1 of those songs, that is a loss of $140,000. If those 140,000 people took all 24 (why not they're free, right?), that is $3.2 MILLION in lost revenue to the RIAA. If her computer had only 70,000 hits, then the fine just barely begins to reach the losses to the RIAA. She is lucky these were not physical items she "stole" or she would have been looking at 15 years behind bars.
At last a person with some sense. All you bleeding hearts do not understand the gravity of the situation. It costs huge sums to bring a song from nothing and nowhere to the Internet for people to enjoy listening, almost free, but to download and distribute it is a crime of proportion. Yes, Internet has opened a vista of opportunties it has also given us the responsibility not to abuse or misuse it. Cybercrimes have multiplied hundred times. Cybercriminals are fleecing innocent people with billions of dollars every year. I would like to see all those criminals who send threatening messages or enticing messages laced with young girls/men to lure old codgers for the promises and then fleecing them, to be incarcerated for life with their braines taken out and washed with carbolic soap.
how can you prove that anyone has download song from her computer except RIAA and there people....... what give the RIAA the right to invade her computer without her consent?
It's ridiculous - she should give them $1.00 a song that's what you pay on Itunes...
It's completely obvious to us that none of these people are technologically savvy.
I agree! no wonder my limewire said it is going to court or something like that. geeze. But if you think about it no one would get virues anymore. YAY
dee: do yourself and your computer a favor and find a legitimate music downloader. Limewire will destroy your computer! If you down load it on on computer, every computer in that network will get it.
You're ridiculous.
So if someone shoplifts then they should just be charged the amount of the items? If there is no fine what would be the incentive to not break the law? We could all just go take what we want... why not give it a try if we will only have to ultimately pay for the cost of the items if we get caught? I'm not saying 1.5 million is reasonable, but that is how the criminal justice system works. You punish those who break the law to deter others from doing it. Pretty simple, isn't it?
Sorry to see you bought the "pitiful single mom" card. She broke the law and is now trying to use her kids to get out of it. That's beyond pitiful (downright disgusting, actually) but it doesn't make her immune to the law.
Nice of all you douchers to play corporate shill...and for free....SUCKERS!
It doesn't matter if she is a single mom or some pimple faced teenager... there is no way in the world that fine is reasonable. She will probably end up filing bankruptcy and the music industry won't see a dime anyway. I think everyone has illegally downloaded music or copied a DVD at some point. The question is why are they making an example out of her? Was she downloading songs by the thousands? Was she selling it to make a profit? Doubtful.
The real damage is done by those who upload the music. I can see a stiff fine for the one who downloads copyrighted material; maybe even $100 per as you have to make it unattractive to take the chance. But the uploader might upload to thousands of people. There's your real criminal.
If you want to upload to or download from "friends" make sure they are friends, indeed, and not on a public site!
And this is why the "Digital Millinium Copyright Act" should be repealed -!
The DMCA doesn't even actually cover or protect "copyright" itself, but enables publishers to have free market reign to make lots of money off of it's musicians and rent music instead of sell it. This is nothing more than stealing with a piece of paper.
Don't forget these are the same people who sued a little girl for a massive amount of money too.
The courts should throw this travesty out, and review the laws that allow such a gross imbalance in our justice system. I agreee 100% that it is defintly unconstitutional and without a doubt ignores the original intent of copyrights to protect artist from profiteering abuse by publishers.
Sorry, I have no sympathy for this woman. What she did was illegal and amounts to theft.
So, if she wanted to be a thief, she could've stolen food for her kids. Even that I could see. Instead, she's now using them as pawns to excuse her thievery of music.
Outrageous. Those kids are better off in the wild--and as far away from her as they can get.
That much for 24 songs?
Outrageous!
Just take it out of her welfare money. Single, 4 kids. On welfare. Just like one in 6 Americans. The taxpayers can pick up her tab.
The amounts of these fines are ridiculous!! These vultures are just going after the easy prey. Why dont they just sue the shareware companies that make it possible for these crimes to take place. They are the ones who should be paying the millions in fines.
Burr: this is nothing like shoplifting! the free music sites are everywhere! if its SOooO illegal - get rid of them! stupid rockstars make too much as it is. what the F do they need more money for - hookers booze and drugs right?
And they've already made an example out of someone... Sean Parker... you remember Napster, right?
Sorry Burr...she didn't just use the songs, she shared and gave them away. They are NOT hers, and the warnings on doing this are EVERYWHERE. Why do people think that artists, whether music or other, should just give things away? Another issue here... broke freeloaders, usually on welfare or other public dole, doing just what they want because they know they'll never pay. If she can't pay, then she should begin to...for the rest of her life, a certain monthly amount taken directly from her welfare check, or other! If you don't like the 'corporate' music industry, then take some lessons and PLAY YOUR OWN!!
If she downloaded, Ina-Ga-Da-Da-Vida, she should go straight to jail; criminal.
None of you every used a casset tape to record your favorite song from the radio when you were younger? Kind of the same concept here. Those of us who used the casset tapes to record got music with out paying for it. There wasn't this much outrage about it back then.
She was given the opportunity to SETTLE for $5,000 and REFUSED. The woman obviously isn't too bright.
For those of you crying that this is ridiculous.....how about you work for free? Bet you dont think that would be fair. The artists did a job and expect to be paid for their job or are you saying it is not fair that they be paid for their work?
I agree the amount is crazy, but read the WHOLE story. They offered her a settlement of $5000 and she told them to essentially screw off. Too bad for her, I am willing to bet she presented an attitude in court and the Jury picked up on that. Possibly why the amount is so much.
To all you morons who say she should only have to pay $1.00 per song, so you are saying the music lawyers have to work for free right? They should not be compensated for their job.
Amazing she can pay for her Attorney's (yes plural) but not for songs. Oh and by the way, her comment that she will file bankcruptcy, to bad you can not file on claims resulting from criminal actions.
She along with many of you sympythizers need to grow up and accept responsability for your actions. Crying 'I didn't do it' doesnt help when the ip address is linked directly to your house.
If she is smart, she will fess up, say sorry, and seek a reasonable settlement and make payment arrangements. OR here is a novel idea, go to jail for breaking the law.
And people wonder why I still buy my music.
It could happen to you, then what. You're f*&%ed is what.
Some people are taking this as big corporation going against poor single mom. The recording industry is defending the copyrights of artists themselves. She had the opportunity to settle for less than $4000 and she turned it down. Now three trials later she has cost the county she lives in, the recording industry, and herself thousands in legal fees. She willfully stole property. She violated copyright law. Should a bootlegger on the street selling copies of movies, if caught, just pay for the price of the movies he sold? NO, he should be jailed and fined extensively cause he stole property. Music is property, taking something that is not yours is stealing. That is why we have laws for this. You break the law willfully then be willing to pay the consequences.
My question is what is different from downloading a bunch of songs from the net when you can copy those same songs off the radio? I've recorded way more songs off the radio and put to disk then I ever have from the net. Stuff like this reminds me of the time when vcr's first came out and the movie and tv industry tried like heck to get them outlawed because you could record copywrited broadcast. That went to the supreme court where the industry lost its case I really see no difference between the radio or net.
Brian she might not qualify for bankruptcy- there's a debt limit.
That is why I no longer buy music or down load music except by local artist at their performances. No money going to the music industry from me. BY the way, i have bought over 1000 cd's in the past.
Thanks Laura :)
Rembrasha-
Have you ever published anything? Has anyone ever paid to read or listen to your brilliance?
How about you stop STEALING and pay for our art?
That's why I use Rhapsody, all I want to listen for $130.00 per year can't beat that .... I would say fair would be twice the value and line those people up and clean house that would be thousands of people paying double .... But 1.5 million is ridicules ......
For every song you buy online less than one penny goes to the artist... Less than a @!$%#ing PENNY!
One group wrote an expose on it they got 13,000 downloads on itunes for .99 a peice in one month. Total to the band 124.oo to split 4 ways PLUS they had to give their manager 10 off the top... Yeah who is the real thief again?
@Richie- Can you get Rhaposdy on your Ipod? or what i am trying to say can you get the songs downloaded to your ipod? Because 130.00 is not bad at all. :)
Brian...You are wrong. Not everyone does it. I have not pirated movies or downloaded music that I don't pay for. It is a quality called integrity. It goes hand in hand with a quality called respect.
If someone produces something; music, movies, art etc with a copy write that belongs to them until they sell it. Obviously there are people who have no respect for Artists or those who produce. They feel entitled to do what they wish with another persons property. I find that sad and a disturbing fact of our society.
This woman actually said:
This is out of the mouth of a convicted thief. She obviously wasn't too worried about fair while she was stealing. Now she is going to get all righto us.
Let her file bankruptcy. She can sort it out in her own time and her own way. Maybe she will learn that if she acts in a fair manner bad things won't happen.
Those of you who support a fine should do some research on RIAA and its sister company SoundExchange. They are not fighting for the aritists to get paid, they are collecting royalties and holding them and if they are not contacted by the aritsts after 3 years, they keep the royalties. I have tried to contact them myself, they do not answer any type of communication whatsoever; the only way to get them is to go to a severly low staffed office. They do have a team of lawyers and lobbyists though to make and enforce their ridiculous adendumns to the copyright law. They need to be exposed for the scam organization they are....
Stealing should be punished.
Burr-959636, So tell us all how many songs you have downloaded off the internet for free???? LOL.
"They are only songs downloaded from the Internet."
"They are only human beings doing jobs nobody else wants."
"They were only hiking in a forgein country that hates the USA."
"It wasn't my child who was brutally raped and murdered."
If you agree with one, then you agree with all.
Illegal means illegal.
I think you all are missing something here... the lady uploaded 1,700 songs. They sued over just 24 of the songs (what a deal already)... she has been found guilty three times, and has had 3 different penalties given. She has also had several settlement offers... the most decent of which was a mere $25,000 to a charity. The average settlement is $3,500 for these cases which the 25,000 pales in comparison to ($1041.67/song). The minimum fine for her crime is $18,000 dollars.
Some of you will contest like the idiot lawyer did that that "actual" damages of her crime is but a mere $24.00. What you forget is that her crime is not downloading the songs... it's uploading them to a fileshare program. The real damages come from the people who snagged the otherwise free song that she made available through violation of copyright laws.
If every one of the 24 songs was downloaded only 750 times - then the $18,000 dollars is justified - add in the cost of the legal expenses ... and she's a fool for having not accepted the $25,000. I have no sympathy for criminals, and I wish the best for her kids.
she knew it was illegal. she set a very bad example for the kids she is so concerned about. if its $1 per tune on itunes she should have gone there. she figured she could steal it for free. only feels bad about getting caught. make her pay.
This is all BS. First, unless she was downloading unreleased music, the music has already been in the public domain via radio, cable or satellite broadcasts. Second, if she was keeping the music for herself(accept the file sharing network where no one pays) she could have just as easily recorded these songs from public sources. This is just music companies and major artists that are trying to wring every dime they can from the public. Soon there will be legislation before congress to put a user fee or tax on public radio stations for the music the record companies used to pay them to play. This isn't something I made up, there is actual pending legislation for just this purpose and the majority of the money will go to the music companies the majority of which are owned by overseas interests. If they wish to increase their sales and profits, try bringing the cost of a CD down from $20 to $10. The materials and media are no more expensive then old fashion vinyl that used to sell for $5 an album. As long as the woman wasn't using it to profit from another artists work then she should be able to down load and keep whatever she wants especially if it has been on the radio, or television.
Longhair...you said it so very well. Thank you.
Anyone that is stupid enough to listen to or down load that garbage called music should have to pay,why dosen't she down load something that these low lifed politicians and CEO,S are dowing to dumb the people down,that garbage is just what they want you to pay attention to and stay un informed.
Burr made a great point...if the punishment isn't worth more than the original value, then why not steal everything. Worst that happens is you end up paying what you would have in the first place.
Further, this woman probably actually UPLOADED those 24 songs to several people. That is usually who the record companies go after. If that is the case, it cost them more than 24 dollars. It cost them a dollar for everytime she uploaded each of the songs, who knows how many times.
Her uploading songs she doesn't own would be the equivalent of walking down the street and selling peoples' cars that you see on the side of the road (or just giving them away to other people). Just because they are accessible to you and maybe you don't agree with the price the dealers charge for them, doesn't mean you have the right to sell them yourself.
This woman should pay $20,000 and call herself lucky no one else is suing her; i.e. other musicians, song writers, producers, etc. This kind of stuff goes on all the time. If a person wants a tune, they should pay for it. Shame on her for stealing.
Boo hoo hoo, she can use the money to take care of her kids. Wake the hell up! Some of us have kids and having kids doesn't give anyone the right to steal. It boils down to being honest and not ripping people off. What kind of example is she teaching her kids?
This trial must be about our rights. Its like an idea, people copy actions and ideas all of the time. I don't believe that the music industry lost anything because the people who down loaded the music would have never bought the music in the first place. And the music industry has the technology to format the music to players only. They really caused this whole thing. I just don't understand where they plan on going with it. This could cause some real damage to themselfs in the end. I say set the presedent and let the cards fall.
Why is it that the poor people are the one the DA's always choose to make an example out of??? I don"t condone illegal downloading of music but this is an example where the punishment far exceeds the crime. Her lawyers should be disbarred for allowing her to bury herself this way that is what I find most outrageous. They should have to pay her fine for screwing her life up. Where is the Bar Association when you need them.
She is lucky she did not get criminally charged for theft. Three juries of her peers found that what she did was willful copyright infringement and decided the amount of damages. She did this hundreds of times. I have no sympathy for her. I pay my 99 cents per song. It is really a small price to pay - one of the few things that has gone down in price over the last 20 years.
As far as getting money out of the RIAA, I would suggest getting a lawyer or group of lawyers to file class actions on behalf of underpaid artists. If there is really a systemic problem, I am sure there is no shortage of lawyers who would love to take a high-profile, potentially lucrative case like that.
She should have paid the $1 per song BEFORE she ileagally downloaded and shared the music. Thjis is a fine. Although the amount is extreme, she should pay a considerable amount. She was offered a settlement of $5,000. She refused, so she deserves whatever fine is decided by the jury. Be careful what you ask for.
I just remembered something about bankruptcy.....since that is her attitude. I do believe those laws were changed recently that she CAN ONLY bankrupt 90% of the amount. Maybe that is why they set the amount so high, cause she ran her mouth and said she would just file bankruptcy. 10% 1.5m = 150k she would still have to pay.
I may be wrong about this. I still think she cant file because it is a criminal act she was slapped with [I am thinking that is why she hasnt filed already]
@Burr. I really doubt she's using the "pitiful mom" card, you might not have thought of this, but this might actually be a PROBLEM, for a mother with kids to come up with 1.5 million dollars for a few downloaded songs. Ever think she just might be telling it like it is? That SHOULD be in her argument. Because anyone ridiculous enough to charge a person that much money over downloaded songs NEEDS to understand how it will affect the person. A serious and dangerous criminal would never even be charged half that much. I'm glad you have your opinions, but if you were in her position, I doubt you'd keep them.
What I want to know is who is paying her legal fees? Does she work? Why does she think she ought not serve the time. If she wont pay te put her on the side to the road picking up trash with a sign saying " I broke the law" and make her work off the fines she should pay. Maybe she'll think twice before breaking the law.
I do believe that there are more convicted Drug smugglers, Money launderers, Kidnappers, Ponzi scheme artists, Gas station robbers, Mortgage fraud conspirators, Domestic abusers, Tax cheats, Blind Enron execs, Child smugglers, Man-slaughterers - combined who were fined less than this $1,500,000 ridiculous amount of money!!!!! Please...everyone of us reading this has at one time or another downloaded music w/out paying for it!!!
Everyone on here chastising her about doing this ought to look at themselves in the mirror and ask, could this happen to me!
OOPS...correction to above: "Sorry LINDSAY",,,Burr, righton
I promise she knew she was doing something wrong and didn't care. I read nothing in this article that indicated that she felt bad for stealing so she should get what the crime deserves.
Ok so you people think its ok for this lady to be charged 1.5 million dollars for the damages caused by downloading 24 songs? Yet Angelo mozzillo STOLE $179 MILLION F-ING DOLLARS OUTRIGHT AND ONLY HAS TO PAY BACK LESS THAN HALF OF THAT MONEY??? AND HIS NEW EMPLOYER IS PICKING UP THE TAB. AMERICAS PRIORITIES ARE SCREWED UP!!! So what she downloaded songs. Let me tell you this: there are literally thousands of musicians who would never have made it in the business if their songs hadnt been "illegally" shared on the internet. Anyone ever heard of Five Finger Death Punch? they only got famous because of people sharing their music on MYSPACE. I bet you now though they would sue if someone was caught sharing their music "illegally" When musicians are nothing and no one knows them the internet is the ONLY way they can be heard but once they're famous its now ILLEGAL? Heres my solution DONT BUY MUSIC FROM WHINEY CRYSACKS THAT COMPLAIN ABOUT THEIR MUSIC BEING SHARED. WHEN IS IT GOING TO BE ILLEGAL TO LISTEN TO MUSIC AT A FRIENDS HOUSE BECAUSE YOU DIDNT PURCHASE IT YOURSELF???
IF YOU DONT WANT YOUR MUSIC SHARED WITH PEOPLE DONT BE IN THE MUSIC INDUSTRY!!! DONT MAKE MUSIC AND DONT LISTEN TO IT!!! iF YOU DONT WANT TO SHARE YOUR MUSIC KEEP IT TO YOURSELF. DONT COMPLAIN WHEN THE PEOPLE WHO SUPPORT YOUR LIFESTYLE WANT TO SHARE A LITTLE BIT OF MUSIC FOR FREE.
Too many times I've bought a new album from a band I liked and it was crap. Why should I have to pay for music that I have never heard and might not like? If you want me to buy an album you better believe I'm gonna listen to it first.
is it ok to record off of the radio? if so, what is the difference then?
Gee, that Judge/or Jury must be so proud, they finally got one of the millions that steal songs everyday. What else can we waste the courts time on?
@ Ken Johnson - I have never downloaded music without paying for it. I believe it is morally wrong, and that I am stealing from the artist and disincentivizing future artists.
@guito - my advice is that if a new album from a band you like is crap, don't buy any more from them. Also, you might try reading reviews first or listening to the 30 second blurb they play on iTunes for free. It doesn't justify stealing.
Why they don't go after the source, the developers of the filesharing programs? And out of all the people that download from these programs she's the one who gets caught? Did she hack the record label and took that music? No, and 24 songs for personal use is petty when there's people who sell pirated music and movies in parking lots and flea markets across the country for a profit and I can think of only one person serving time for that.
Why does the headline need to list her as a single mom? Should we feel more sorry for her than anyone else because she had complete control over her reproduction at every stage and decided to deliver a baby without securing a willing father through marriage? Not just one baby. One. Two. Three. Four. Four babies. And a mortgage?
At least the song list wasn't completely horrible. She was accused of serving up over 1000 songs to millions of users.
Single Mom took a greater financial risk, so Single Mom should pay some sort of fine. A search on the topic states she turned down an initial offer to settle for $25,000. Single Mom keeps f**cking up.
Seriously, so I guess all you who say she's getting what she deserves never made mix tapes for anyone before, recorded songs off the radio or made copies of a CD you bought and gave it away? I have no pity for the recording industry or the artists. They are not hurting for cash, they don't have to wonder how to make next months rent. If they want to fine her, take 1 dollar for each song, just like she would have paid for them. And for all of you that say she should have taken the recording industrys first offer of 5000, do any of you even understand what that kind of money means to a single mother of four?
clan1465-1232962, you are being suspended for one day for violating rule #1 of the Code of Honor.
Do not attack other users or grenade troll in your comments please.
Oh she is guilty but has anyone been listening to the crappy music the industry has been forcing us to listen to lately? $9,250/song, then $80,000 per song and now they will settle for $25,000? Given the deplorable quality of today's music, I think a more reasonable sum she should be forced to pay would be 35 cents per song.
guito... The music is not yours, and you have no right to justify otherwise - period. "Share a little bit of music"? READ! READ THE THING BEFORE YOU JUMP! She literally GAVE these songs to thousands of people! She only got sued for 24 of them.Soooo, that pretty well wraps up about 1/2 of your rantings. The other 1/2 involves your unhappiness for a record album. So sorry for your loss.
The punishment exceeds the crime. This isn't a murder trial. The defendant obviously doesn't understand the gravity of thieving music, but honestly.
True, she did make a mistake. Her pockets are shallow-to-nil.
It's just 0.99 per song on iTunes. Pay for it. Simple.
You know, up until a few years ago music underwent intensive production. Studio produced music employs more than just the artists, it also employs the production board manufacturer, their employees, the sound board engineer, the studio architect and the construction workers who build it, the interior designer, the carpenter, the soundproof glass and walls (which are not cheap), which in turn employs the people who produce the soundproof material, management teams, promotional teams, the producer, executives and lawyers, instrument makers, instrument salesmen and compensation for when artists destroy things, i.e. hotels, stages, equipment. Essentially, up until the onset of computer-based recording programs allowing any Mike in a dormatory with a laptop to produce quality sound, album production was a major undertaking. It did cost the companies money and for their production and promotion investment they were rewarded handsomely with royalties. As they should be.
This is theft (yes, of course I've done it -- anyone who says they haven't is likely a liar), but it is theft -- cut and dry. For those decrying the industry for attacking the single Mom and not the source, they have. Sean Parker and the high-profile Napster case, along with The Pirate Bay creators and their internment in Swedish prison are just two of the many cases highlighting the industry's press on not only those who utilize the marketplace, but on those who create the marketplace to begin with.
She knew it wrong and she did it anyway. What's more, the reason they're specifically targeting this woman is because she not only downloaded the music, but also shared the music across the site. That's distrubution of stolen materials and that's a major felony in American states. So she was keen enough to extort from the industry but it shocked when the industry in turn attempts to extort her, and using her kids as a shield is the lowest form of scumsucking in our society today. What kind of an example has this woman set? Steal, deceive, fight your accusers and then use an innocent as leverage to deter punishment for your actions. That's just disgusting. And as someone said, yeah... there will be no bankruptcy in this case because it's going to have resulted from a criminal act, which (thankfully) we do not bail people out for (yet).
The Recording Industry apparently has plenty of money for attorneys, so how can they claim any actual injury, especially since they know she will declare bankruptcy and pay them nothing anyway. She should just pay them $24 and be done with it.
what about a small handshake cause she listens to their music.. thats about all they need if the music company's keep the royalty's away from the bands themselves.
Lastly, it's .99 cents a song. If you buy an album, you're generally cut a deal and can get it for $5.99, $7.99 or $9.99 on Amazon. She could've made her life a whole lot easier by not being a deceitful tightwad and ponying up a few bucks for something that doesn't belong to her.
Ken Johnson,you are wrong I have not heard any thing that I would down load or listen to,so do not say that we all have down loaded that garbage.thank you.
I say swing the bitch. What's the right thing to do here??? Pay like the rest of us. There are no free lunches. Get the hell
out of here.
stealing music is the same as stealing someones paycheck. If our society has so little regard for artistry in any form, art will die and so will the soul of the human being.
Do unto others as you would have them do unto you. She should pay by community service teaching the kids why it is wrong to steal music.
She knew exactly what she was doing. I'm sick of these whiners! Don't break the law, and you won't have any problem. "I'd like to find her little child and kick it's little a— _."
If you insist on breaking the law, face the music. Further, this is a terrible example for her children to see their mother getting away with breaking the law. Pay the fine.
The amount is extreme. She has been offered a smaller reasonable amount and declined.
Big issue here is that she is using her children as an excuse. She didn't say she would pay a resonable amount, she said she would NOT pay any amount. Was she thinking of her children when she committed the crime? I think not. Has she thought about how humilated her children are because of her criminal behavior, probably not.
As to her attorney only wanting her to pay the original $1 per song fee, that is just crazy. I wonder if she was a victim of a burgerly if she would only want the current value of what was stolen. Fines are a deterant. Do we ever question when someone is awarded emotional damages that is reasonable or if they are fined $500,00 for dealing drugs?
I`m amazed they don`t have their shills out stalking garage sales, to make sure there isn`t any records, tapes or CDs being sold without them getting the profits from it. I can see it now, people running garage sales being taken to court for not paying royalties from the sale of their old records tapes and CDs. I wouldn`t put it past them at all, after this.
Back in the mid seventies, a friend of mine was asked by a local rock group to record a set they were doing at the local hotel, so they could listen to it later and see what mistakes they needed to work on. So he setup his equipment, and started to record it. About twenty minutes into it, a man walked up to him, and asked him to stop recording. My friend asked him who he was, and he stated that he was with ASCAP. The band stopped playing, and it took a half hour just to get it through his thick head, they weren`t going to sell the recording, but use it to help them work out any mistakes they are making. Then he wanted to know, how much they were making from playing that night. That topped it off. They didn`t make a dime, because if they did, they would have to pay a percentage of what they made because of the copyrights.
The sad part is, the song writers, and the musicians who did the original work, gets very little if any profits, when the bulk of it goes to the label that put it out.
No wonder so many musicians are staying away from the big labels, and making the CDs themselves. Their being robbed under contract.
Huh? So, SuzyQPA, you think it's ok to steal, get a slap on the wrist and be able to go on your merry way? How ridiculous.
If that were how the law worked, almost everyone would steal. Why would you allow this woman to steal copyrighted music, get caught and NOT get charged much more than what you and I would legally pay for our music? You're thinking like a thief yourself, lady.
she had the opportunity to pay $1.00 a song but instead felt she was entitles to "steal". I think $100.00 per song for theft, plus 2 years in a federal prison plus the cost of caring for her kids while incarcerated would be a fair sentence for someone that thinks she has the right to rip off anyone she pleases.
Okay. Reality check, here. This woman knowingly and wilfully not only downloaded these songs she shared them online with countless others. And we are not talking about the twenty-four she was actually charged with but 1,700 in total. the RIAA opted to only file on the 24 but this woman was guilty of much more than violations on the 24. Furthermore, she had an opportunity to get out of this for $25,000 which she could have negotiated a long-term payoff or taken a loan. Instead, she turned down that offer, forcing more trials, taking up court time and money, costing large sums for paying jurors' fees (as modest as they are) and pay/salaries of court staff.
If this woman was a man, would she have been viewed more sternly by this collective? And what if she was guilty of ... perhaps child molestation? Or grand theft? Or bank robbery? Would she have been viewed more kindly here or just by other bank robbers or child molestors? She stole intellectual and artistic property and disseminated it to others as though it were so much crack or heroin. This is about punitive damages to the industry not what the actual loss was. This woman knew before she ever posted her first download that what she was doing was illegal. But, like every other crook, she just never thought she'd get caught.
Well, she did get caught and she should be made to pay for her crime. Yes, $1.5 M is outrageous but she did bring this on herself. She had an opportunity to pay 6,000 percent less. Let me repeat that ... SIX THOUSAND PERCENT LESS! If this silly woman was so concerned about feeding her children and paying her mortgage, maybe she should not have been spending so much time stealing music off the internet! And, like every other crook, if she doesn't pay the fine, she can be made to spend time in jail.
Hmph! At least them her children would have food and clothes and a roof over their heads. Wouldn't be hers but they would be taken care of, wouldn't they?
If you can't pay the fine, don't do the crime, especially if you have children.
What I want to know is where was the industry years ago ....when I could lend an album(an actual vinyl album) or a cassette to a friend and they could copy it and the industry wasn't whining then....I wonder why that is. It is because the people in the music industry back then played music and created music they were not in it for the corporate crap like they are now. All the music 'created' now is studioized and more than half of them can't sing worth a darn in real life. Come on tell me how Taylor Swift has a music contract.....she is monotone, heavy breathes and talks through her 'songs' she is NOT a musician she is a studio/commercial creation to make the record companies money. They shove people down our throats and tell us that they are talented.........and as sheeple the population all follows along like good little lemmings and buys the garbage that the industry tells them they should like and they should buy. The majority of the artists that are complaining about it own their record label therefore ARE corporate people. True artists actually want their music to be heard and enjoyed........not for free I am sure however without the internet and companies such as limewire there are many musicians that would NEVER have been heard by more than a few people. The fine for this is ridiculous to be sure but who are they making look bad......not her as she will get sympathy as another poster said how many people can say they never borrowed and copied an album, cassette, cd or song from a friend.........so what's next is LL bean or Liz Claiborne or Ann Taylor going to prevent me from lending a sweater to a friend of mine without paying a stipend to them too......or maybe if I lend my friend my car for a day are they going to be required to pay a fee to the car maker............be careful this is a slippery slope. If the original upload can be proven to have been purchased all that person is doing is 'lending' it to the friend...........talk about BIG BROTHER.....
Not even criminals get such a punishment! that is ridiculos, they should make her pay the actual cost of it, and do some community work, l believe is more than enought, they are hurting her children and they are inocent! BS!!!
I absolutely agree. I am so sick of this "single mom" excuse business. I was a single mother for 10 years and I didn't go around breaking the law. As an artist myself, I am apalled at people who try to circumvent copyright law. And if you have time to sit and download that amount of music maybe you should be working a second job to take care of those kids. Take RESPONSIBILITY for your actions!!!!
Totally agree. Musicians are rich already.
Recording off the radio IS legal and is expressily addressed in the law. You are usually not getting the whole song and the quality off the radio is NOT the same. It is the SAME law used to allow you to a copy in another format of music you purchased (like a backup).
More people are involved in the chain to get the music in your hands legally besides the artist. There are the people that write the songs, the studio musicians, the studio time and it's expenses, the marketing, the actual manufacturing of the cd's, the artist's rep (agent) that they do have an agreed upon contract to follow, the warehousing expenses, the shipping expenses, the store expenses, and everyone of these deserve a profit.
Music is copied because it is easy. You rarely see this in books because it is hard. The way the law reads, you may loan your book/cd to your buddy but you are giving up YOUR right to us it at the same time.
Theft is Theft no matter who is doing it. Everyone up the retail chain from the artist to the store has right to price things to cover their expenses plus make a profit and the artist agreed to that ahead of time. A lot of times the recording company loans the artist the money to put the albums together hoping that they sell enough to make back what they gave the artist, AS A LOAN. I know a lot of artists and they are NOT millionares. They did make agreements though to pay their managers AND the owner of the copywrited songs. Most artists DON'T write their own music or at least they do not write 100% of what they record. The people who wrote them deserve a cut and if they sold the copywrite to the studio then the studio paid them what they feel they could make back with a profit. Anymore though when the one who writes the music sells the copywrite the contract includes a clause saying that they will get an amount (fixed or percentage) for every copy or use of the song above what the studio (or whomever) purchased the copywrite.
Well we all download something free that you would have to pay some amount for it but instead of going after the person who downloaded it go after the person you UPLOADED! it in the first place. Movies that are recorded inside the theater then uploaded on the net is one thing but music it can only be a hand full of people. It was done by the band themself or someone who works in the studio. Some where around there the music was released and then uploaded on to the net so go after the ones who put it on the net and stop going after the ones who download it anything on the net that we can get free should be free without haveing to pay for it.
I am trying to figure out why the award is so high and what she actually did to warrant the charges. This article is strictly dealing with the fines.
That said, I abhor people who steal copyright. I work in the entertainment industry and PROTECT artists' copyrights.
Contrary to the comments that she should pay $1 a song - you forgot about statutory damages which are applicable in the cases of willful copyright infringement. The article reported the amount.
IT IS ILLEGAL TO INFRINGE ON COPYRIGHTS. Have you ever noticed the FBI warning on your DVDs?
I protect copyrights because that is how artists make a living. How would you feel if your employer did not pay your wages?
That is exactly how copyright owners feel when people steal their work.
Apparently THREE JURIES DEMANDED HEFTY CASH so she must have been really bad. Somewhere in the article they mentioned 1700 songs but the focus was only on 24.
Let's put this into perspective. The Movie and Music industry always used the tag line 'You wouldn't shoplift a CD or DVD, why would you illegally download it?' or something similar.
Had she SHOPLIFTED the 24 songs (2 CD's) she would have been charged in a criminal court under state law rather than in federal civil court. She would have been responsible for restitution of $500 or up to 50x the value of the product stolen, which ever is greater. At $1.00 song $12.00/ CD), that's $1,200 MAXIMUM restitution!
But a civil court can award $1.5 million and you people are OK with that??? With that mentality I hope none of you ever get into a car accident because you will get sued for 500,000x ACTUAL DAMAGES! I don't think even AllState will protect you from THAT.
It's not about how much she stole from them in one action, it's that her actions caused a large loss of revenue for the industry. She was offered a ridiculously low settlement amount but rejected it, so now her penalty should include the cost of attorneys for the opposite side.
This is called Fair Use. However, you can not sell the recording you made for YOUR PERSONAL ENJOYMENT OR BACKUP because then that is COPYRIGHT INFRINGEMENT.
Yeah I know this is wrong! people dowload music everyday, whether its legally, or illegally, and yes, the songs on itunes are just a dollar, why should they sue one person for millions of dollars when really they should just be sueing the music downloading sites.
Put her in prison, she is a theif, and using her kids as pawns.
are you kiffing??? she STOLE that music. there must be some consequence for that, and it should hurt. she should pay some amount that repays for the music she stole PLUS an amount that causes some pain in her financial life. sorry about her kids, but how else can this be stopped?
I know my post is going to bring out the stone throwers, but really, it doesn't bother me. The truth is the truth no matter how many want it not to be.
While I agree, the fine is ridiculous, I also have to agree that if it weren't, people wouldn't "get it". But then, I guess we should all remember....this is a generation of entitlement. All things should be free, right?
Ok, take a look at what you are saying. YOU are the musician this time, or the artist, or the photographer...whatever kind of art you do. You've worked hard to write the song, record the song, and go on tour with the song, which by the way, doesn't come cheap. You're paying managers, bus drivers, recording studios, convention centers, advertisers, etc., etc., etc.
So now you find out someone is STEALING your song, your money (stealing is the appropriate word, since that's what it is.) your royalties and the money you are entitled to for the art that you produce. Would you still think it was ok if they were stealing out of YOUR fortune, or your child's fortune? Of course not.
Stealing, is stealing. Period. It's a crime. You play, you pay.
The part you all don't "get", is the fact that if someone uploaded the song, and 1 or 2 or even 10 million people DOWNLOADED that song, it isn't a mere $24. It's that dollar for every person that downloaded it illegally, instead of paying that lousy dollar to do it legally. That means the musicians etc, have lost 1 million, 2 million, 10 million dollars. (you imagine how many people got the song by stealing it and then multiply that by the one single dollar they could have paid for it). THEN, go back to my original question. If it were YOUR money, or your CHILD'S profession and money, would it still be ok?
And if this woman can't feed her kids, what is she doing with a computer and paying DSL, cable or whatever she uses to download that illegal music? If her kids came first, then she should have been attending to them and their needs, not sitting around on a computer getting involved in illegal activity.
I can answer. Your album was not digitally recorded and you didn't have the internet.
All these file sharing programs made it super easy to steal music. The recording industry has to protect its profits.
After all, the recording industry players paid lots of money to create, promote and market the music.
Now that it is so easy to steal, they are fighting back and were succesful in getting super high statutory damages to try and halt the THEFT.
I do not blame them one speck because it's their livelihood.
Or, how about you just hand over your salary to me every payday and we'll call it even.
It's only infringement if you profit.... she didnt. So where is her crime? not to mention the sites state 100% legal all over
Winkiesixtysix
Before the computer age they DID go after the people who made massive quantities of copies to give away or sell (called pirating), they did NOT spend the expenses to go after one or two copies because most people could not afford the time or expenses to get the equipment to make massive quantities. NOW, we have sitting on our table the equipment with the capability to distribute thousands to millions to ... copies for very little cost. Programs like Kazza are filesharing programs. You are not getting the file of one central server. You are getting files of any machine with kazza installed and you must install it to get your copy of another kazza machine.
LUCKY she's not in an Islamic country - they'd cut off her hands and ears.
Kristi
How do you know she did not profit?
first of all no should nor anyone else should be charged for the downloads it should be the creator of the website that should be charged....
reason 1. when you first sign on it ask if you want to pay or get the free trial..
reason 3. the person or persons who made it are very well responsible for putting such a website!!
so no i do not believe that this poor lady should be charged with these downloads, granted some people do know that limewire is bad news but somepeople just dont know!!! so leave her alone and go after the ones who put the site up in the first place other networks had to go through all the right steps to get their websites up and also pay for their websites up so why should lime wire not be responsible for all them downloads....
This is ridiculous! If she was receiving financial gain, I would agree with the decision. I do not see the harm of sharing music. They need to go after the people who make bootleg albums and sell them.
Illegal. Is illegal. Is illegal. She should have taken care of her kids while listening to the radio that she could have bought at Walmart for $10 bucks.
That's not how it works exactly but I'd be happy to bring you to court next time to see if the judge buys your argument.
For all you people who think the fine is so hefty, here is the actual law. Ever hear the term, ignorance of the law is no excuse? Well, it's not an excuse here either.
TITLE 17> CHAPTER 5 > § 504 Remedies for infringement: Damages and profits
http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000504----000-.html
People continue to miss the point. Illegal activity should be punished so our country will stop with corruption and free handouts and thievery. Perhaps the fine is excessive and a less restitution is more fair.
Burr-959636 and Karen in Los Angeles, you all are both morons....I hope you all get charged $250,000.000 for the next traffic ticket you receive, because you're obviously missing the point.
Heidi
I have news for you. The RIAA goes after the file-sharing sites like Kazaa and Lime Wire too.
In fact, Lime Wire was recently ordered to STOP PROVIDING SERVICE.
http://www.pcmag.com/article2/0,2817,2371462,00.asp
Hmm just a few things to say to them
1. Bankruptcy
2. F OFF
It's ridiculous this fine
Pay the $1.00 a song for every song she downloaded, then add a fine for doing it. Over a million dollar fine is just wrong, they do not fine shoplifters over a million dollars. They pay a fine, sometimes do jail time.
This is a matter of recording companies gone wild. I don't download songs for free, and I don't think she will ever again. But a hefty fine of $2500.00 to teach a lesson and the price of all the songs not just the 27 they sued over should be good enough.
And your comment is completely relevant???
SDR - you may consider me a moron. You are entitled to your opinion.
Nonetheless, my employers consider me to be an expert in copyright law which is why I can knowledgeably speak on this topic.
I suggest that you don't infringe because YOU TOO will get busted. I posted the link to the LAW in question.
What did OUR mothers tell us?.."If everyone jumped off of a bridge, would you jump too?" We all know the difference between right and wrong. the fact that many people commit this very same crime doesn't mean its okay to do it. I agree the punishment seems too big for the crime, but it was a risk she was willing to take.
What a scam! You think this is newsworthy. Make her pay the iTunes price and may be a hundred dollar fine with community service and be done with it. Some lawyer is scamming on this one to get famous. Do you think that she has that kind of money ($1.5 mil)? Uh, no! She is going to have to appeal or, most probably, discharge the debt via Ch. 7 bankruptcy. What a lose-lose situation.
Yes, this is ridiculous! For YEARS the news has been out that the RIAA will pursue copywrite infringers. Therefore, she must have know the gamble she was taking. And the article states that she violated 1700 times, of which only 24 were pursued.
There is no way she can afford to pay $1.5 million, but she should be accountable for blatant copy-write infringement.
How would any of us plain citizens feel if something we worked hard at was stolen by people rather than pay for the art they steal? And yes, it IS stealing!
Sure, Mel Gibson can afford to spend about $600,000 month, and other popular entertainers can do likewise. THAT IS THEIR BENEFIT FOR HAVING SUFFICIENT TALENT THAT PEOPLE PAY TO EXPERIENCE.
Duh! Are they supposed to work for free? Sure, they have millions and will not even miss a few dollars here or there for songs and movies that are bootlegged, BUT THAT IS MERE JUSTIFICATION FOR STEALING.
I used to record music from Kaazaa, but I stopped as soon as I heard about the RIAA suits. If someone wants to continue to play with fire, of course they will get burned.
I hope the judge reduces the penalty, but something should address a flagrant violation.
I'll say it again. The law determines the damages paid whether you like it or not. If you don't like it, lobby Congress to pass a new law.
It is FEDERAL law in fact. Again, I will post the link.
Read it yourself. If you don't like it, try to get it changed. I don't think you'll be too successful but you can try:
http://www.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000504----000-.html
ridiculous or not. she took a chance and broke the law. got caught, so now pay the price. red light cameras are also against the law and ridiculous, but get caught and guess what happens. would not have happened if she didn't think that she could screw over someone. itunes $1.00, sounds like a bargin now.
Money can buy anything or anyone! The music industry has bought the Congress and they pass so called anti piracy laws so the music industry does not have tio invest in secure media. The justice departnent does their job on the taxpayers dime and enforcement of intellectual rights is done through fear and intimidation by our own government - not by software that the music industry would have to invest in!
No wonder people are fed up with Washington!
$ 1.5M is ridiculous, and they know it... where's she going to get the money from? However, I see it like this: The lady has been intentionally breaking the law and knew, that she was going to be made an example of, if caught. So she was ordered to pay $5K, and she refused, because she thought, it wasn't fair - again ignoring laws that she knew about-, and therefore the example had to be made an example of. It's kinda like the dopes who publicly smoke weed and then cry & scream 'Unfair! It's harmless!', when they get arrested.
But let's be fair. How come we get to listen to crap music that we don't want and not be compensated for having to endure it?
Karen... a lot of people here are unable to even comprehend the meaning of the articles title: "Single mom can't pay $1.5 song-sharing fine" so you're gonna get some odd ball comments.
The emphasis needs to be on "song-sharing" - she isn't being punished for downloading songs, she being punished for 24 of 1,700 songs she uploaded to a file sharing site. After scrolling through tons of comments since my last one (#1.34)... people just can't seem to understand the meaining of taking a person's intellectual copyrighted property and giving it away without permission.
The minimum fine is 750 dollars per song, the maximum I believe is 30,000. The 1.5million, and the 1.9million fines were atrociously horrendous...
When you STEAL music, you are not just stealing from an overpaid "artist" who won't miss the money. It takes a lot of people to make the songs you listen to, and most of them are underpaid and underappreciated. When you steal music, you are ripping them off even more so. Their paychecks have to come from somewhere, and the companies probably don't pay people like Ashley Simpson any less when they're hurting because the fans pay all attention to whoever the pretty lead singer (or dancing lead lip-syncher) is, and have no idea or care where the real talent in the songs comes from.
Pay for your music so the people with real talent behind the pretty faces can keep entertaining you. Or do you want the stars to start making their own "music?" Even the few talented stars need talented people backing them up. They don't do it all themselves.
People have to learn that music, movies & all kinds of art are intellectual property & represent the way an artist/writer makes a living & in many cases a modest living for hours of hard work & dedication. Illegal downloading is theft which must stop but in this case the fine is completely ridiculous & stupid. Pay a modest fine and do some community service or something & save the big fines to the real thieves like the bankers & brokers that have gone unpunished while their victims lose their homes & jobs.
I think she should have to pay a dollar for every song....... every time some else downloaded it....... then again every time some one down loaded it from them! And so on and so on!!! Like royalties!!!
Americans are notoriously bad at math, and juries are no exception.
Is she guilty, apparently so. But $1.5 million? Be serious.
How about if she had stolen a Lexus? A Lexus is surely more valuable than 1700 songs, much less 24. What are the damages for that?? $100 million??
ya, she could feed her childern, but she could have bought groceries with the money she spent on the I-pod, get a life, if its illegal its illegal, what part of that doesn't anyone understand
I think that she did break the law but she has to pay the price. But I no that lots of people have illegally downloaded at one point no matter what they say they have we all have. So if they get her why not they sue the whole world , rediculous i know so they should just settle on like $2,000. I know that its wrong, she herself knows its wrong. But since they sue her for that amount they look like jerks. I'm not saying that its wright, but I am saying that they look like jerks if they sue her for that much. I know music producers make money by selling those 24 songs, but its like this the CUT pure truness BOTTOM LINE we ALL have done it she should say she's sorry, pay a REASONABLE amount like so to say $2,000 and be done with it they would have to have filters on everybody's computers stealing we all know it's wrong but no - a - days that's like a given, like buying an i pod and getting headphones you know. All i'm saying to wrap it up is this has gone WAY TO FAR.
Like this if you think what I said is true.
she should have paid for the songs to begin with, when u steal, there is a lot more restitution due.
Here's another thought... if you use Kazaa or Limewire, or whatever else... you are NOT required to share your files, but you're regarded as a leach (ha-ha). Could've cut down on her fine considerably. :)
She should pay $1 a song? That's ridiculous! $1 a song is the price BEFORE you steal it! She knew she was stealing music...she should have thought about the consequences BEFORE she stole. Everybody and their mom knows the penalty for illegally downloading music these days...warnings are listed everywhere. She just thought that SHE wouldn't get caught and singled out, so SHE decided to carry on illegally 1,700 times! What an idiot!! Why would people stop illegally downloading if there was no punishment for it?! I think she needs to pay, but the 1.5 million is an absurd amount! Something more along the lines of $100-1000 per charge would be fair. Unfortunately, her having to take care of her kids is not an excuse...should we excuse every single person currently doing time, paying fines or being punished for stealing/theft/robbery because they have kids that they should be supporting? Whether you agree with the law or not, the bottom line is she consciously and purposely committed a crime...DON'T DO THE CRIME IF YOU DON'T WANT TO BE STUCK DOING THE TIME!! I don't feel sorry for her at all...she needs to pay for her bad decisions.
This is wrong. The RIAA does not collect royalties.
BMI, ASCAP and SESAC collect royalties. These organizations are called performing rights organizations. RIAA is a trade group.
Here is a link to what RIAA does:
http://www.riaa.com/whatwedo.php
Here is a link to ASCAP does:
http://www.ascap.com/about/
RAT POISON - I think the numbers you posted are correct re: damages but there is more to it. I posted a link to the law and you can read it yourself. I do not totally agree it should be limited to filesharing sites. Even in movie theaters, we receive public service announcements that filesharing IS ILLEGAL.
I am ashamed of our court system to let 3 jury's waste their time and all the court time on 24 songs! this is what our country is about forget about all the people on death row that need to be put to death. She already stated she wasn't going to pay so then we have another bankruptcy, if it is illegal than give her a punishment and be done with it.
The RIAA and Legal System is so corrupt, it is amazing people obey any laws! How absurd this is!
Community service is NOT an option in FEDERAL COURT.
From my read of the article, she is protesting that she should pay anything at all and is using her single mother status as a reason why not.
If she files bankruptcy, it will be harder for her to get a job and credit, and it stays on her credit report for 10 years.
Is it illegal to go into a library to check out a book? Why is it illegal to download songs? I mean, back in the day, we would copy tapes of songs for our friends or girlfriends and it was all good. But now the music companies pay a lot of money to make sure these stupid laws are passed because they don't make enough money from concert sales, music that's already being sold, etc., right?
It's not about being techno savvy it's about priorities, responsibilities and theft. She says she can't feed her children if she pays for songs - well how about this FEED YOUR CHILDREN. Enough said.
if she didn't want to pay she should not download the music....and don't use your "single Mother" status as an exuse....that's an insult to all Single Mothers !!!!!
What is the difference in what this woman has done, and recording cassette tapes from songs on the radio ten years ago? If there is a difference let me know, or leave this woman alone... unless you never taped your favorite song!
You made me laugh but honestly, you can turn it off and on at will so your argument is bogus.
So what is more important to her??? Music or her children??? She should have paid the cost to DL music in the first place! Then her fine would not have even been an issue! prioritize mom! Be honost! If your children come first, why is DL music even an issue!? She may just be trying to get time with the media world! Bite it girl and get a real life!
Rat Poison
I misread some of your post and just wanted to acknowledge that. Sorry.
You are absolutely correct that she is in super trouble because she willfully uploaded songs on to a filesharing site, which in turn were distributed to other people, and so on.
THAT IS THE POINT.
The reason why the award is so high is because she kept refusing to pay and the fine kept increasing. If you read the law, there is more room for damages than the amounts you cited.
I was not on the jury and did not read the entire case but can only assume that it kept going up because of her bad attitude that she did not think she was wrong and that she should not have to pay because she's a single mother.
She should run for congress,she's apparently well qualified. If elected,she could steal millions.
Yes the law is blind... and there should be a limit to taking money from a single mom when she can be feeding her kids.
I am sorry I have to disagree with you. She willing broke the law. She has shown no remorse or even said I am sorry. She has fought to try and get out of this. As far as yeah if she did it the legal way she would of paid 24 buck, but she chose to do break several federal laws she is lucky she is not in Jail now. The reason she now is ordered to pay this large amount is due to this facr she knew and still broke the law and she has not even said I am sorry. I have friends who have taken pay cuts due to this sort of thing. I am sure it does not really hurt the artist he will get his, but one who works for the recording company t omake the song or the artist workers who go on the road with him some have even lost there jobs since the artist not want to lose money it just good business
he needs to take responsibility for her own actions and she cannot file bankrupy do to the fact she broke a federal law and do not forget that they can still charge her with the crime and sent her to prision. I think she should of taken the first offer of settlement, but like most everyone else in this world it is eaiser to steal as long as you not have to pay it back. Try going into a bank or and airport and act like you have a gun and even though no one would get hurt you will go to jail same difference She got got and now has to pay, I hope she and everyone else has learded a valuable lesson here do not break the law unless you can pay for your crimes
Absolutey amazing after reading most of these comments. This country and world for that matter is in truly a sad state of affairs. Come Yeshua please!
this is no different than recording off the radio, plain and simple
You know what I think?......wasted tax dollars on court and legal fees. Single mothers who can hardly afford to feed there children will not be paying $1.5M in fines. Just call it the largest collection account ever recorded. Lets get real. I cant understand why any attorney would bother taking this to trial. Makes for a good story to read I guess in hopes to deter other music pirates.
These "Artists" should be treated as they are - trained monkeys...and should be payed as such.
They are not artists at all, but, rather, flim-flam people. They owe US...we dont owe THEM.
They should be glad we listen to them at all.
They dont need more money just to put up their noses or in their arm.
THAT being said, this judgment is NON-dischargeable in bankruptcy - it is an intentional tort. They will be able to get 25% of her net earnings (after exemptions) for LIFE.
I think we should all go on strike and refuse to buy ANY music.
I'll bet if it were Hilton or Lohan, NOT ONE WORD WOULD BE SAID. But then they can afford our legal system.
Come on, people. READ the article - SHE HAD 1700 SONGS. They only chose to prosecute for 24.
Those songs are shared. If each one was shared 10 times, then she is responsible for the theft and distribution of 17,000 songs.
All those comments that don't look at this as a "real crime," or say the music business makes too much money are probably from serial downloaders trying to convince themselves that they are not criminals either.
You can try to spin it, but IT"S STILL STEALING.
For those who download. What if it was your business? If you owned a successful bakery and someone comes by every day and just takes a donut, how would you react? Would it be, "Well, I make too much money, so it's ok if someone takes some." How about, "No, Mr. Policman, he shouldn't have to pay the $250 fine for shoplifting, just $.70 for the donut."
Ok so let me get this straight, they want to make this lady pay 1.5 million dollars for illegally downloading music? Yes it is illegal and so are drugs I have been to court and I can guarantee that 3/4 of the cases are dealt with drugs and they get away with a slap on the wrist, who was she hurting? The musicians that get paid what she owes in a day! It's pretty pathetic the law is looking for people illegally downloading music instead of murderers, drug dealers, druggies etc. PRETTY DAMN PATHETIC!!!!!!
You made me laugh but honestly, you can turn it off and on at will so your argument is bogus.
Oh, Karen, really? Tell that to the shopping mall people who rain down on the people with their idiotic tunes...
If you use a proxy server out of Canada are you safe? Cannot legally track you?
There is a lot more to this than just downloading 24 songs. The pertinent details are not in this article. No jury would come up with these numbers for some simple personal download.
The fine is unrealistically high, but of course you should be fined something. Its stealing, and helping other people steal. When someone robs a store and gets caught, do we let them off the hook for paying the value of the items stolen? No. And if they had the money for the item, they should have paid for it instead of just taking it. I have a degree in audio. It was an expensive degree. When people steal music, some people like me don't get paid. Just because the artists may be rich and famous doesn't mean the behind the scenes people are too. We're usually not. P.S. stealing from the rich is still stealing, and its NOT OK. This isn't a violent crime, but its not a victim-less one either. All should be held accountable for their actions. Now, do I expect a mother of 4 to pay over a million dollars for it? No. But I also expect a mother of 4 to be more honest and use better judgement.
Not to mention this was not a criminal trial, it was a civil trial. The woman was sued, not prosecuted.
1.5 million is way to much! I bet if she went into best buy and stole a cd with 24 songs on it and shared it with her friends she wouldn't get a 1.5 million dollar fine. What she did was wrong but not 65000 dollars a song wrong...
If she stole from a retail store, she would have to pay a fine. The reason the fine is high because it is meant to discourage theft from an easy mark for thieves. People need to understand, whether they agree with it or not, that until the law changes this is theft of property from which someone and more likely, a group of people are earning their living. What about their children?
for a single mom to be downloading all those songs sounds like she has to much time on here hands. Is she collecting a welfare check? But yet again F Corporate America...... You people are complaing that artists should get paid...well they do by the millions.GOD only in america would and idiot post stupid illiterate opinions standing up for someone who makes more than at least 20-30 working class people. And you people wonder why our country is in a recession. Quit paying 100 a ticket to a show. Quit paying 20-30 dollars for a music cd. People in this country are just plain DUMB why cant you fellow Americans Wake the F*** up. PLEASE FOR THE SAKE OF THIS COUNTRY AND WHAT IT WAS FOUNDED ON. THE CONSTITUTION WILL NEVER CHANGE SO THOSE OF YOU WHO THINK WERE CHANGING GOOD LUCK!!!!!!!!!!!!
She deserves to pay a penalty, not just pay the price she would have paid if she chose to purchase in the first place. Theft is criminal and should pertain to music the same as theft of any property.
"There is no way to do the wrong thing right" - Barry Layl
1.5mil is a stupid amount, and i think 24$ for getting cought is also not enough, if your going to do it, dont get cought and if you get cought expect a fine, but maybe a 100$ fine for each song would be reasonable amount, 100 times the amount she'd have paid from i tunes
and realy if they want to get people to stop "stealing" music, then they need to go after those people who record to tapes, and what about those people who still record on a vhs or tivo then copy to dvd? and you can record tv on your computer, thats stealing to, why just the people who rip off a 1$ song from time to time? isn't there bigger issues in the country then 1$ songs?? we should be worried about these government workers who give them selfs 20k$ bonuses and raises every year, fine them just for being ignorant
Really? i mean come on they will go after people for downloading songs BUT THE COURTS wont go after dead beat fathers that havent paid child support in years because when they find the dead beat dads THE COURTS SAY THEY HAVE TO DO IT BY THE BOOK (which really just gives the dead beat dads time to run else here)! COME ON WHERES THE PRIORITIES?? Hey MUSIC industry does this mean if we by a bad cd we can return it for our money and then some for the time it took to buy the cd,listen to it and realize sometimes you guys just release crap instead of good quality music?
She could have settled for a couple thousand dollars. She refuses to accept any responsibility. That is why she is being penalized so severely. Someone has to be made an example of in order to deter these kinds of CRIMES people. Stealing has always been a crime and will always be. You can't go into a record store and steal a CD, Right?
I belive that she should be punished for the full amount of the damages. She stole 24 dollars worth of music, she should be punished as if she had shoplifted 24 dollars woth of merchandise.
She is not paying for downloading them she is paying for uploading them or in other words downloading them for free and then giving them away to a bunch of people. Maybe you can give her a call and let her come to your house and start giving away all your stuff and family heirlooms. You not really need a car she can give all your stuff away. I am sure you would be the first at the police station saying you want that crazy woman arrested. She is very , very , very luck she has not been charged in a Federal court of law if that were the case she would have 24 charges and each charge carries like 10 years or so. The government can still charge her and no she can not file bankruptcy since it is a federal crime she committed the downloading is not as serious as her giving them away.
Actually since she has wasted a lot of other peoples time and $$ she should pay the $1 per song plus all the tax payor $ spent on lawyer fees and court costs...
True, the actual damages might only be $24, but the rest can be considered punitive damages. There are copyright laws that have to be enforced and this will give anyone else considering to do what she did something to think about.
These songs are somebody's private and intellectual proprerty and they are entitled to earn their rightful commisions each and every time their song is distributed/shared. We have absolutely NO RIGHT to share another's intellectual property without first securing permission.
It boils down to this...suppose you make widgets for a living. You sell your widgets for a profit,which is your business.Now let's say some dirtbag comes along,grabs your widgets,and just starts to give them away. That's right,you're being cheated! Same thing applies here.
Everybody does it, 1.5 million is way to much. The music industry is paying their lawyers tens of thousands of dollars to go after this women and at the end they won't get a cent...
What part of illegal do people not understand. If you do the crime you should pay the fine. Illegal means that you did it intentionally and with malice which means you knew you were doing wrong to begin with. I get tired of these people playing the "my poor little children will suffer" card once they get caught. What are they teaching their kids - "It's alright to take what others have till you get caught then cry and whine your way out of it." We have enough freeloading in this country. If you don't have the money then don't buy the honey. I work for what I have and have never taken anything from anyone. To put it plain, it's called STEALING.
Actually that is what the jury decided... $1 per song plus lawyers fees.. Which adds up to about 1.5 Million for the three trials. Can anyone say tort reform... Anyways.... she deserves it!! Pay up the $5000 fine which is what... $3 a song? but she refused and wanted lawyers involved. She gambled and lost. Now what? Does she want to settle for $5000 now?? To bad so sad!!!! She probably voted for the same party that supports this kind of legal action.
I agree. It is cruel and unusual punishment. If you want to punish her then charge her the most like $15.00 per song which is what you would have lost from the people that downloaded. But the reason it is so excessive is that they want to scare everyone. Make her an example! I don't agree with what she did, but neither do I agree with them railroading her to scare others.
I can't believe the amount of the fine, and think she would have been better off paying for the songs! If she didn't, as she says, download them, then who did?? Got any teenagers in the house? And no, I'm not prejudiced against youth, but many times teenagers download music without reading all the fine print that goes with it! In my opinion, her appeals processes are costing us more than what she is fined, and Heaven help, if she has to PAY all the court costs!! If you steal from a store, you get caught, they DON'T just let you pay the amount of what you stole!! You pay with fines or jail! If you rob a bank, you get jail time, so why should she get off scot free?? Innocent? I don't think so. Millions are downloading music off someone else's site, possibly friends or family, and never think a thing about it, but 2,700 songs and never paying a dime for them? That is theft, regardless of what she thinks!! Go ahead and file bankruptcy, lady, you are still a thief and now everyone knows it!!
I got one word for a $1.5 million fine being leveled on a single mom: BULL@!$%#
snoozer-2114352 : Read the article... comprehend the article, the settlement was $5000.00 per song, the average is $3,500.00... the best settlement had her at $1,041.67 per song which she refused. The lady is an idiot of the highest degree and my sympathies to her kids.
Frank45 : If you upload a song to a file sharing site, be prepared to pay a fine of $750-$30,000 dollars per song. "Everybody does it" is not an excuse the federal judge will accept.
Bob Dennis-2616071 : "True, the actual damages might only be $24..." incorrect... because we're not talking about the lady downloading songs illegally... we're talking about her uploading 1,700 songs to a file share site - violating copyright laws and allowing people to download for free. How many times was each song downloaded? I guarantee it well exceeds $24 dollars. Why else do you think the law has the fine set at the amounts listed to Frank45?
Chris Jenkins-2615906 : Read the article, hell just read the title... it's not about her downloading... again its about her uploading the files for distribution. It's the same as going to the movie store and renting a movie... taking it home and making 10,000 copies and then giving them away.
peacespeakenglish : Yeah... same advice read the article.
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Read the article folks, reading all these comments is a face-palm moment litered with the embarassing realization that the simple language went over your heads.
And the dumb keep getting dumber!!!
1.5 million for illegal downloading of music???????????????? That has to be a fing joke rite????????????????????????
This is what happens when the industry writes the laws. The most recent patent and copyright act is draconian to say the least. There are licensing agencies who are hitting up small sandwich shops for fees for playing the radio. If Microsoft or whoever decides to sue you, then you will go bankrupt or pay them an amount they consider sufficient to send a message to everybody else. Free speach isn't free.
This is really unjust for them to prove a point. After all it is the people who make their record label so rich in the first place. Back in the day people would record on a cassette tape off of the radio. I think they need another 1.5 million. A 500 fine might have been more reasonable. Wait to go Recording Industry makes me not want to listen to any of their artist anymore! Thank god for the internet half their songs wouldnt be what they are ... Justin Beiber and the other that were found on the net! Look at them now sold out concerts and they are rich. Next they will fine us for singing their songs on Karaoke Night.
Great...the only one who really gets punished is the taxpayer. Or do they expect the lady to pay $1.5M fine, court costs, lawyer costs, etc.? Even better, go lock her up, so we can pay for her children too. I'm not saying she has a right to pirate songs, or share them on the internet, for that matter, but all I can see is a lose-lose situation that helps absolutely no one. The damn system is broken.
Americans always try to get away with somethin. Sometimes we get caught.
It is simple- steal the intellectual property of others, pay the piper. Don't download illegally, and NEVER sell those downloads.
I have multiple comments:
That feeding my children comment is crap!
Everyone is sorry when they get caught. We all know this is illegal and if we get caught we have to pay the price.
The price on the other hand is way too steep. Even if it was 10 times the price of the song it would make a bit more sense. Stealing is stealing and you can dress it up anyway you want but If I own something and someone else takes it I'm not too happy!
There are laws against this type of stealing, however this is to an extreme. The recording industry should be ashamed of themselves. This is a waste of taxpayer money. My money, that I pay into our govenment. I have never downloaded music nor do I intend on it. The music industry that took her to court, is just as guilty of bad business practices as she is of stealing their recorded music.
wow are you serious?!?!?! do you kow how many ppl downlaoad music everyday!??! and then you want her to pay 1.5 million dollars the mnusic companies aret hurting at all. its your going to 'punish' her then make her pay $1.00 per song she downlaoaded and be done with it we are not mad of money and its hard times right now your wasting tax money by taking this poor women to court. grow up charge her $24.00 and be done with it. Its not that serious. I guess thats why I had to delete my limewire...
What the article fails to address is that sites such as Limewire have multiple users who share files, and if more than one person is "seeding" a file (connected and sharing the same file) the program alternates from computer to computer in order to download it faster, thus a user who is "seeding" a popular song may, in reality, only be uploading a snippet of a song file. Since song snippets are frely available, hardly a crime.
And I haven't seen anyone address the cassette comparison. I bought countless records on vinyl in the 60's and 70's, and I made copies of those albums on tape to play in my cassette player in my car. Should I have had to pay full price for a cassette version of the music I'd already purchased? I don't think so. So if I download something today, it's usually something I used to own on vinyl, and since I already purchased that music once, I'm simply using a different medium for my previously purchased material. I shouldn't (and won't) pay twice for the same item.
I'm speaking only for myself here, but fair includes ALL people, me included. If the world weren't so full of greedy lawyers, laws, that allow anyone to sue anyone for any amount, and artists who think their brainfarts are priceless intellectual property, the whole world would be better off and MY TAXMONEY wouldn't pay for out-of-context nonsense cases like this. I don't care for any kind of music, I'm the better without it. Per my own definition, most musicians are either too lazy or not qualified to get a real job that contributes to society.
One dollar per song plus a 10 dollar fine for each one--- that is reasonable.
I think that most of us, including most posters above, have downloaded music, but for our own use. This woman, however, for reasons not made clear, decided to distribute the music to thousands. No mention seems to be made of her having profited from her actions, but otherwise, her motives are unclear.
That said, I still think the fine is ridiculously high. Maybe they really want her to go to prison as an example to others.
Come on now this woman is being asked to pay too much money for all of this needs.when it was probably one of her kids that did most of the music downloads.
Personally I believe the music downloads should only cost between $.10 and $.25you may say that's not enough money to cover the artists fees but I disagree it is the cost of doing business that's their problem. Music isn't worth any more than $.10 a download or $.25 if it's good. An entire album can be downloaded for about $5.
you must remember most of the fees that she is paying it's going to go to pay the firm of the attorneys that are sewing her. So it's the greedy attorneys that are making the majority of the money.
But I totally agree that this woman is being sued for way too much mone. And like they say you can't get blood out of a turnip.
The difference between the copying of vinyl onto cassette FOR YOUR OWN USE is different than making copies of downloads and SELLING THEM is simple. Making a profit off other peoples intellectual property is theft. Making a copy of personal property to proetect your investment is simple common sense. SHe deliberately stole the work of others and sold it for profit. Now, she needs to pay the price.
The bars SHOULD be paying a license to allow them to use the karroke PLUS to cover their behinds if the band plays a song that they did not pay royalties for. http://governor.state.tx.us/music/guides/music_in_venues and http://www.ascap.com/licensing/licensingfaq.html
Ever churches have to have licenses though for them there are a couple one stop licensing sites. for example http://www.onelicense.net/ and http://www.ccli.com/
Why can't more people not have to pay for their crimes? The neigbor's kid steals all the time. Stealing is not a crime it's just liquor stores, they don't need the money, it was only 200 dollars and that is all he should have to pay back. He never had to shoot at anybody.... 4 years is a long time in jail, he can't feed his family now.
There's a time for a slap on the wrist and a time for a slap on the butt. Make her pay! Her life won't be over after bankruptcy. She will have learned a hard lesson and we'll all take notice.
Ridiculous, they say that they are using the money for starving musicians (not the musicians who's music was downloaded).
So how then do they justify the legal and attorney fees they have paid out (could have been used to fund the starving musicians)when in reality she will file bankrupcy and not pay a dime.
What exactly did they accomplish with this?
Don't blame the recording industry (lobbyists) for writing the laws. It's congress who votes to approve them and we vote to put them in office. We need a little less talking and a little more action. Take responsibility and vote or even lobby for your own laws.
Is It Stealing???
I pay for my Internet service...
Like Hillery Clinton said ...use the Internet ..it has so much for you...
I am a singer songwriter and I welcome anyone to come to get my songs to listen AND D/L for free...
I am sick and tired of these rich SOB"s getting rich on everyone's hard earned money ..FOR WHAT??? a song...
some of these so called songs are not even music ...
Just don't d/l any Gagag's songs ..If that's what you wanna call em..
  AND FOR ALL THOSE WHO THINK THEY ARE LIVING WITHOUT SIN for not d/l songs.... WOW!!!!! great for you...you will go straight to Heaven you lucky SOB"S ...
your life is so squeaky clean to come on here and tell everyone they are thief's... just because you don't d/l from Internet..
remember unless you have someones permission,, you should not take ANYTHING off the Internet .. according to you.... it is steeling....
kinda of bites you in the A$$ don't it ....lol
uninsured, most of those that are screaming that the lady should pay because she "is breaking the law" are the same idiots that will believe any lie that they can find on the internet as long as it has been spoon-fed to them by some rich media stooge.
and lawsuits like this one that the RIAA started was the main reason that I stopped buying any kind of music, or downloading any kind of music.
skroo the RIAA and their fancy corporate attorneys preying on little people like the vultures they are.
A lot of messages here have made the comparison between file sharing and recording off the radio or from a CD. They are not the same. It is legal to record a song off the radio and it is legal to make a copy of a CD you purchased, so long as they are for personal use. On the radio, the song is in the public domain. With the CD, you have already purchased a copy. It becomes against the law as soon as you give a copy to someone else. With file sharing or uploading songs, that person is now sharing innumerable copies of a file/song with others. From what I understand, this women uploaded and shared 24 songs (apparently she downloaded over 1,000). If she had only downloaded the songs and kept them to herself, that would be stealing because the songs were not in the public domain and she didn't own a copy. But instead, she gave someone else's property away to untold numbers of people. That's why the fine is so high.
I'm not saying I think the amount of money is completely appropriate, but her crime is much different than taping a song off the radio.
While this fine appears ridiculous at first glance, this lady willfully stole 1,700 songs and shared them with countless people. That possibly amounts to infinite sales the record company and the artsist have lost because of her CRIMINAL actions.
The eventual fine seems large since she didn't commit a violent crime. Why Did she refuse to pay the $5,000?? That could have been payed via payment plan and was quite reasonable. I really hope she takes responsibility. That would be a great lesson for her kids, the ones she is trying to feed.
WOW. Seriously concerned about the US literacy rate just from the commentary b/c it seems ppl fail to read for comprehension yet feel free to embellish.
Nowhere in this article did it say she was "poor".
Nowhere in this artile did it say she was "on welfare supported by [your] tax dollars".
Nowhere in this article did it say she has ultimate control over the press coverage & insisted the phrase "single mom" be inserted in the article's title.
The 1st 2 things are embellished assumptions (& y'all know what they say about assume by now). The fact that she is lacking a spouse atm has nothing to do w/ anything, but it sure does lead some of y'all off on tangential garden paths.
Unbelieveable, she's their whipping post. Someone like her could never pay that type of money. They are not wanting her money, they want yours! Remember, there's a sucker born a minute & two to take him. They are the "two to take her" in this case. It's all about the money honey.
Why go after a single mother instead of any one of the thousands upon thousands of other people that commit the same "crime" regularly? Do the people who say that she deserved the fine even realize how common using p2p software to share music and other files is, especially among teenagers and college students? The kids at the college that I went to that live in on-campus dorms used the broadband provided by the college to do the same thing that this lady did, and on a much larger scale. Please go look through your childrens' computers. Look at the playlists on their IPods. Did he or she pay for every song on it? Most kids use Kazaa, or something like it. We can ruin the future of the next generation too if you like. Is every copyrighted item on your computer yours?
We live in the Information Age. Zeros and ones will propagate through networks whether you like it or not.
This goes to show you the greed of the music and movie industry. As a kid I was coping LP's on to cassettes and even 8 tracks. Everyone has done it and there will always be someone who can get around it. Murderer's don't even get to pay that much or being busted with drugs. What our Judical system need todo something besides going after something so stupid and wasting tax payers money for court cost. That city is paying a million dollars everyday that that is in court. And alot of people agree with this. Look where your tax money is going first on something so stupid.
Laughable. But here's a solution, the American way. No, you can't sue 'em, so sell the rights to your courtroom drama to some filmmaker. Judging by the 5,000+ comments here, I'm sure there'll be some bored out of their skulls folks who'd watch this. Collect your royalties, pay off your fine & feed your children, everyone's happy and the world isn't much dumber for one more boring movie or documentation, just as it isn't for listening to pirated gangsta rap, that promotes violence, crime, sexual abuse and racism.
Why is it not ok for this woman to steal other people's intellectual property rights, but it's ok for a corporation to steal the intellectual property rights of individuals (I am referring to the big flap about the magazine that got caught stealing other people's articles... it's all over the consumerist and other sites right now in case you're unfamiliar)? She should be made to pay no more than they are.
Some of you it seems need a brush up on basic law. This woman was NOT fined! Only the various government agencies can impose fines. She was NOT charged with a crime, again, only the government can do that.
She was sued, in federal CIVIL court and a jury awarded $1.5 million.
An obscene amount of money for $24 worth of music. While I respect artist intellectual property rights, these oscene lawsuits do nothing for the public opinion of the industry, many of todays artists would still be playing for bar whores and drunks if it werent for the illegal downloaders and the industry has sold itself out charging nearly the same for a digital copy of a CD as they do for a physical copy despite the lack of production, shipping, stocking costs.
What she did was wrong, but was petty theft. She isn't Kenneth Lay of Enron
NO $1.00 a song is if you BUY IT....she clearly felt that those artists didnt deserve a $1 and STOLE THEM!!! So...heres what I propose.... the sentence should be the same as if she entered a store and stole the cd from the store. Shes a cyber shoplifter.... but 1.5 million... who the hells smoking crack in the courts... its a simple shoplifting case....MILLIONS OF THEM ARE SENTENCED A DAY. A $1 per song..... 1.5 million..... Y'ALL are crazy!!! Moderation people.....moderation.....
Actually, from what I understand, she uploaded the songs to the website, or whatever it is. This makes available a song that normally would cost money free to anyone who stumbles across the download. If you take into account how many times each song that she uploaded was downloaded for free, I can see how they would arrive at a seemingly outrageous number.
This woman deserves a hefty fine - maybe not $1.5 mil, but I think the $5,000 they mentioned seemed like she would be getting off too easy. Maybe she'll learn her lesson.
Uninsured- if YOU are a songwriter, I'm Miley Cyrus. NO songwriter wants his/her work stolen, then given away to others. They worked their asses of to create that music. IF they wanted that music given away for free, THEY would have downoaded it to the free site THEMSELVES!! When you create intellectual property, it is exactly that- PROPERTY. You sell copies of it, but you are not selling the rights to it. You maintain ownership of the ideas, and NO ONE ELSE has the right to profit from your work unless you PAY them to do so (agents, managers, recording companies, etc).
OK...A $1 per song? Then, how about she continue to pay that same $1.00 per song, for every other person that downloaded the music that she ILLEGALLY put on the internet. She needs to pay for
her ignorance?! Play by the rules or be penalized in society. PERIOD!
$1 dollar a song for each song she downloaded and uploaded sounds fair. That comes out to somewhere over $1,500,000.00 - that sounds fair to me.
Why don't the people who illegally stole the song by copying it from her have to pay?
Get real she's being asked to pay way too much money. The music isn't even worth that much money.
Buying a cassette or CD they own that copy of the music and have a right to back it up.
To put it simply who put the music on the Internet and who did she download it from. Are they going to sue them to and what if they downloaded it from somebody else. Are they going to sue them to. This'll wind up being a never ending chain of events. One lawsuit after another that is ridiculous. What is this woman supposed to do starve her kids. That would be child abuse. The truth is this sheet music is what they get royalties for. Not the song day saying. That's the way it should be but if you want to support the songwriter by giving her a buck or two. Being good for you.
And who says this woman was selling the music that she downloaded in the first place. She might have uploaded one or two of her old songs. But how does that hurt the artist? It seems to me that it's good public relations.( good advertising). And the music that you download free is never that good anyways. If you want to get the better music you will have to pay a little bit for the download. Because then it's a quality downloaded.
And people that download music usually wind up going to the store and buying the artis song on CD.
She didn't buy it from Itunes, she stole it and left it on a site that would allow thousands more to steal it.
Pub. L. No. 105-304, 112 Stat. 2860 (Oct. 28, 1998). http://www.copyright.gov/legislation/dmca.pdf
1
Copyright Office Summary December 1998 Page 1
THE DIGITAL MILLENNIUM COPYRIGHT ACT OF 1998
U.S. Copyright Office Summary
December 1998
INTRODUCTION
The Digital Millennium Copyright Act (DMCA) was signed into law by
1
President Clinton on October 28, 1998. The legislation implements two 1996 World
Intellectual Property Organization (WIPO) treaties: the WIPO Copyright Treaty and
the WIPO Performances and Phonograms Treaty. The DMCA also addresses a
number of other significant copyright-related issues.
The DMCA is divided into five titles:
! Title I, the “WIPO Copyright and Performances and Phonograms
Treaties Implementation Act of 1998,” implements the WIPO
treaties.
! Title II, the “Online Copyright Infringement Liability Limitation
Act,” creates limitations on the liability of online service providers for
copyright infringement when engaging in certain types of activities.
! Title III, the “Computer Maintenance Competition Assurance
Act,” creates an exemption for making a copy of a computer program
by activating a computer for purposes of maintenance or repair.
! Title IV contains six miscellaneous provisions, relating to the
functions of the Copyright Office, distance education, the exceptions
in the Copyright Act for libraries and for making ephemeral recordings,
“webcasting” of sound recordings on the Internet, and the applicability
of collective bargaining agreement obligations in the case of transfers
of rights in motion pictures.
! Title V, the “Vessel Hull Design Protection Act,” creates a new form
of protection for the design of vessel hulls.
This memorandum summarizes briefly each title of the DMCA. It provides
merely an overview of the law’s provisions; for purposes of length and readability a
significant amount of detail has been omitted. A complete understanding of any
provision of the DMCA requires reference to the text of the legislation itself.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 2
TITLE I: WIPO TREATY IMPLEMENTATION
Title I implements the WIPO treaties. First, it makes certain technical
amendments to U.S. law, in order to provide appropriate references and links to the
treaties. Second, it creates two new prohibitions in Title 17 of the U.S. Code—one on
circumvention of technological measures used by copyright owners to protect their
works and one on tampering with copyright management information—and adds civil
remedies and criminal penalties for violating the prohibitions. In addition, Title I
requires the U.S. Copyright Office to perform two joint studies with the National
Telecommunications and Information Administration of the Department of
Commerce (NTIA).
Technical Amendments
National Eligibility
The WIPO Copyright Treaty (WCT) and the WIPO Performances and
Phonograms Treaty (WPPT) each require member countries to provide protection to
certain works from other member countries or created by nationals of other member
countries. That protection must be no less favorable than that accorded to domestic
works.
Section 104 of the Copyright Act establishes the conditions of eligibility for
protection under U.S. law for works from other countries. Section 102(b) of the
DMCA amends section 104 of the Copyright Act and adds new definitions to section
101 of the Copyright Act in order to extend the protection of U.S. law to those works
required to be protected under the WCT and the WPPT.
Restoration of Copyright Protection
Both treaties require parties to protect preexisting works from other member
countries that have not fallen into the public domain in the country of origin through
the expiry of the term of protection. A similar obligation is contained in both the
Berne Convention and the TRIPS Agreement. In 1995 this obligation was implemented in the Uruguay Round Agreements Act, creating a new section 104A in the
Copyright Act to restore protection to works from Berne or WTO member countries
that are still protected in the country of origin, but fell into the public domain in the
United States in the past because of a failure to comply with formalities that then
existed in U.S. law, or due to a lack of treaty relations. Section 102(c) of the DMCA
amends section 104A to restore copyright protection in the same circumstances to
works from WCT and WPPT member countries.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 3
Registration as a Prerequisite to Suit
The remaining technical amendment relates to the prohibition in both treaties
against conditioning the exercise or enjoyment of rights on the fulfillment of
formalities. Section 411(a) of the Copyright Act requires claims to copyright to be
registered with the Copyright Office before a lawsuit can be initiated by the copyright
owner, but exempts many foreign works in order to comply with existing treaty
obligations under the Berne Convention. Section 102(d) of the DMCA amends section
411(a) by broadening the exemption to cover all foreign works.
Technological Protection and Copyright Management Systems
Each of the WIPO treaties contains virtually identical language obligating
member states to prevent circumvention of technological measures used to protect
copyrighted works, and to prevent tampering with the integrity of copyright
management information. These obligations serve as technological adjuncts to the
exclusive rights granted by copyright law. They provide legal protection that the
international copyright community deemed critical to the safe and efficient exploitation
of works on digital networks.
Circumvention of Technological Protection Measures
General approach
Article 11 of the WCT states:
Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used
by authors in connection with the exercise of their
rights under this Treaty or the Berne Convention and
that restrict acts, in respect of their works, which are
not authorized by the authors concerned or permitted
by law.
Article 18 of the WPPT contains nearly identical language.
Section 103 of the DMCA adds a new chapter 12 to Title 17 of the U.S. Code.
New section 1201 implements the obligation to provide adequate and effective
protection against circumvention of technological measures used by copyright owners
to protect their works.
Section 1201 divides technological measures into two categories: measures that
prevent unauthorized access to a copyrighted work and measures that prevent
The Digital Millennium Copyright Act of 1998
“Copying” is used in this context as a short-hand for the exercise of any of the exclus-
2
ive rights of an author under section 106 of the Copyright Act. Consequently, a technological
measure that prevents unauthorized distribution or public performance of a work would fall
in this second category.
Copyright Office Summary December 1998 Page 4
unauthorized copying of a copyrighted work. Making or selling devices or services that
2
are used to circumvent either category of technological measure is prohibited in certain
circumstances, described below. As to the act of circumvention in itself, the provision
prohibits circumventing the first category of technological measures, but not the
second.
This distinction was employed to assure that the public will have the continued
ability to make fair use of copyrighted works. Since copying of a work may be a fair use
under appropriate circumstances, section 1201 does not prohibit the act of circumventing a technological measure that prevents copying. By contrast, since the fair use
doctrine is not a defense to the act of gaining unauthorized access to a work, the act of
circumventing a technological measure in order to gain access is prohibited.
Section 1201 proscribes devices or services that fall within any one of the
following three categories:
! they are primarily designed or produced to circumvent;
! they have only limited commercially significant purpose or use other
than to circumvent; or
! they are marketed for use in circumventing.
No mandate
Section 1201 contains language clarifying that the prohibition on circumvention
devices does not require manufacturers of consumer electronics, telecommunications
or computing equipment to design their products affirmatively to respond to any
particular technological measure. (Section 1201(c)(3)). Despite this general ‘no
mandate’ rule, section 1201(k) does mandate an affirmative response for one particular
type of technology: within 18 months of enactment, all analog videocassette recorders
must be designed to conform to certain defined technologies, commonly known as
Macrovision, currently in use for preventing unauthorized copying of analog
videocassettes and certain analog signals. The provision prohibits rightholders from
applying these specified technologies to free television and basic and extended basic tier
cable broadcasts.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 5
Savings clauses
Section 1201 contains two general savings clauses. First, section 1201(c)(1)
states that nothing in section 1201 affects rights, remedies, limitations or defenses to
copyright infringement, including fair use. Second, section 1201(c)(2) states that
nothing in section 1201 enlarges or diminishes vicarious or contributory copyright
infringement.
Exceptions
Finally, the prohibitions contained in section 1201 are subject to a number of
exceptions. One is an exception to the operation of the entire section, for law
enforcement, intelligence and other governmental activities. (Section 1201(e)). The
others relate to section 1201(a), the provision dealing with the category of technological
measures that control access to works.
The broadest of these exceptions, section 1201(a)(1)(B)-(E), establishes an
ongoing administrative rule-making proceeding to evaluate the impact of the
prohibition against the act of circumventing such access-control measures. This
conduct prohibition does not take effect for two years. Once it does, it is subject to
an exception for users of a work which is in a particular class of works if they are or are
likely to be adversely affected by virtue of the prohibition in making noninfringing uses.
The applicability of the exemption is determined through a periodic rulemaking by the
Librarian of Congress, on the recommendation of the Register of Copyrights, who is
to consult with the Assistant Secretary of Commerce for Communications and
Information.
The six additional exceptions are as follows:
1. Nonprofit library, archive and educational institution exception
(section 1201(d)). The prohibition on the act of circumvention of
access control measures is subject to an exception that permits
nonprofit libraries, archives and educational institutions to circumvent
solely for the purpose of making a good faith determination as to
whether they wish to obtain authorized access to the work.
2. Reverse engineering (section 1201(f)). This exception permits
circumvention, and the development of technological means for such
circumvention, by a person who has lawfully obtained a right to use a
copy of a computer program for the sole purpose of identifying and
analyzing elements of the program necessary to achieve interoperability
with other programs, to the extent that such acts are permitted under
copyright law.
3. Encryption research (section 1201(g)). An exception for encryption
research permits circumvention of access control measures, and the
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 6
development of the technological means to do so, in order to identify
flaws and vulnerabilities of encryption technologies.
4. Protection of minors (section 1201(h)). This exception allows a court
applying the prohibition to a component or part to consider the
necessity for its incorporation in technology that prevents access of
minors to material on the Internet.
5. Personal privacy (section 1201(i)). This exception permits circumvention when the technological measure, or the work it protects, is capable
of collecting or disseminating personally identifying information about
the online activities of a natural person.
6. Security testing (section 1201(j)). This exception permits circumvention of access control measures, and the development of technological
means for such circumvention, for the purpose of testing the security
of a computer, computer system or computer network, with the
authorization of its owner or operator.
Each of the exceptions has its own set of conditions on its applicability, which
are beyond the scope of this summary.
Integrity of Copyright Management Information
Article 12 of the WCT provides in relevant part:
Contracting Parties shall provide adequate and effective
legal remedies against any person knowingly performing
any of the following acts knowing, or with respect to
civil remedies having reasonable grounds to know, that
it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Berne
Convention:
(i) to remove or alter any electronic rights
management information without authority;
(ii) to distribute, import for distribution, broadcast or communicate to the public, without authority,
works or copies of works knowing that electronic rights
management information has been removed or altered
without authority.
Article 19 of the WPPT contains nearly identical language.
New section 1202 is the provision implementing this obligation to protect the
integrity of copyright management information (CMI). The scope of the protection
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 7
is set out in two separate paragraphs, the first dealing with false CMI and the second
with removal or alteration of CMI. Subsection (a) prohibits the knowing provision or
distribution of false CMI, if done with the intent to induce, enable, facilitate or conceal
infringement. Subsection (b) bars the intentional removal or alteration of CMI without
authority, as well as the dissemination of CMI or copies of works, knowing that the
CMI has been removed or altered without authority. Liability under subsection (b)
requires that the act be done with knowledge or, with respect to civil remedies, with
reasonable grounds to know that it will induce, enable, facilitate or conceal an
infringement.
Subsection (c) defines CMI as identifying information about the work, the
author, the copyright owner, and in certain cases, the performer, writer or director of
the work, as well as the terms and conditions for use of the work, and such other
information as the Register of Copyrights may prescribe by regulation. Information
concerning users of works is explicitly excluded.
Section 1202 is subject to a general exemption for law enforcement, intelligence
and other governmental activities. (Section 1202(d)). It also contains limitations on the
liability of broadcast stations and cable systems for removal or alteration of CMI in
certain circumstances where there is no intent to induce, enable, facilitate or conceal
an infringement. (Section 1202(e)).
Remedies
Any person injured by a violation of section 1201 or 1202 may bring a civil
action in Federal court. Section 1203 gives courts the power to grant a range of
equitable and monetary remedies similar to those available under the Copyright Act,
including statutory damages. The court has discretion to reduce or remit damages in
cases of innocent violations, where the violator proves that it was not aware and had
no reason to believe its acts constituted a violation. (Section 1203(c)(5)(A)). Special
protection is given to nonprofit libraries, archives and educational institutions, which
are entitled to a complete remission of damages in these circumstances. (Section
1203(c)(5)(B)).
In addition, it is a criminal offense to violate section 1201 or 1202 wilfully and
for purposes of commercial advantage or private financial gain. Under section 1204
penalties range up to a $500,000 fine or up to five years imprisonment for a first
offense, and up to a $1,000,000 fine or up to 10 years imprisonment for subsequent
offenses. Nonprofit libraries, archives and educational institutions are entirely
exempted from criminal liability. (Section 1204(b)).
The Digital Millennium Copyright Act of 1998
The Fairness in Musical Licensing Act, Title II of Pub. L. No. 105-298, 112 Stat. 2827,
3
2830-34 (Oct. 27, 1998) also adds a new section 512 to the Copyright Act. This duplication of
section numbers will need to be corrected in a technical amendments bill.
Copyright Office Summary December 1998 Page 8
Copyright Office and NTIA Studies Relating to Technological Development
Title I of the DMCA requires the Copyright Office to conduct two studies
jointly with NTIA, one dealing with encryption and the other with the effect of
technological developments on two existing exceptions in the Copyright Act. New
section 1201(g)(5) of Title 17 of the U.S. Code requires the Register of Copyrights and
the Assistant Secretary of Commerce for Communications and Information to report
to the Congress no later than one year from enactment on the effect that the
exemption for encryption research (new section 1201(g)) has had on encryption
research, the development of encryption technology, the adequacy and effectiveness
of technological measures designed to protect copyrighted works, and the protection
of copyright owners against unauthorized access to their encrypted copyrighted works.
Section 104 of the DMCA requires the Register of Copyrights and the Assistant
Secretary of Commerce for Communications and Information to jointly evaluate (1)
the effects of Title I of the DMCA and the development of electronic commerce and
associated technology on the operation of sections 109 (first sale doctrine) and 117
(exemption allowing owners of copies of computer programs to reproduce and adapt
them for use on a computer), and (2) the relationship between existing and emergent
technology and the operation of those sections. This study is due 24 months after the
date of enactment of the DMCA.
TITLE II: ONLINE COPYRIGHT INFRINGEMENT LIABILITY LIMITATION
Title II of the DMCA adds a new section 512 to the Copyright Act to create
3
four new limitations on liability for copyright infringement by online service providers.
The limitations are based on the following four categories of conduct by a service
provider:
1. Transitory communications;
2. System caching;
3. Storage of information on systems or networks at direction of users;
and
4. Information location tools.
New section 512 also includes special rules concerning the application of these
limitations to nonprofit educational institutions.
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 9
Each limitation entails a complete bar on monetary damages, and restricts the
availability of injunctive relief in various respects. (Section 512(j)). Each limitation
relates to a separate and distinct function, and a determination of whether a service
provider qualifies for one of the limitations does not bear upon a determination of
whether the provider qualifies for any of the other three. (Section 512(n)).
The failure of a service provider to qualify for any of the limitations in section
512 does not necessarily make it liable for copyright infringement. The copyright
owner must still demonstrate that the provider has infringed, and the provider may still
avail itself of any of the defenses, such as fair use, that are available to copyright
defendants generally. (Section 512(l)).
In addition to limiting the liability of service providers, Title II establishes a
procedure by which a copyright owner can obtain a subpoena from a federal court
ordering a service provider to disclose the identity of a subscriber who is allegedly
engaging in infringing activities. (Section 512(h)).
Section 512 also contains a provision to ensure that service providers are not
placed in the position of choosing between limitations on liability on the one hand and
preserving the privacy of their subscribers, on the other. Subsection (m) explicitly
states that nothing in section 512 requires a service provider to monitor its service or
access material in violation of law (such as the Electronic Communications Privacy Act)
in order to be eligible for any of the liability limitations.
Eligibility for Limitations Generally
A party seeking the benefit of the limitations on liability in Title II must qualify
as a “service provider.” For purposes of the first limitation, relating to transitory
communications, “service provider” is defined in section 512(k)(1)(A) as “an entity
offering the transmission, routing, or providing of connections for digital online
communications, between or among points specified by a user, of material of the user’s
choosing, without modification to the content of the material as sent or received.” For
purposes of the other three limitations, “service provider” is more broadly defined in
section 512(k)(l)(B) as “a provider of online services or network access, or the operator
of facilities therefor.”
In addition, to be eligible for any of the limitations, a service provider must
meet two overall conditions: (1) it must adopt and reasonably implement a policy of
terminating in appropriate circumstances the accounts of subscribers who are repeat
infringers; and (2) it must accommodate and not interfere with “standard technical
measures.” (Section 512(i)). “Standard technical measures” are defined as measures
that copyright owners use to identify or protect copyrighted works, that have been
developed pursuant to a broad consensus of copyright owners and service providers
in an open, fair and voluntary multi-industry process, are available to anyone on
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 10
reasonable nondiscriminatory terms, and do not impose substantial costs or burdens
on service providers.
Limitation for Transitory Communications
In general terms, section 512(a) limits the liability of service providers in
circumstances where the provider merely acts as a data conduit, transmitting digital
information from one point on a network to another at someone else’s request. This
limitation covers acts of transmission, routing, or providing connections for the
information, as well as the intermediate and transient copies that are made automatically
in the operation of a network.
In order to qualify for this limitation, the service provider’s activities must meet
the following conditions:
! The transmission must be initiated by a person other than the provider.
! The transmission, routing, provision of connections, or copying must
be carried out by an automatic technical process without selection of
material by the service provider.
! The service provider must not determine the recipients of the material.
! Any intermediate copies must not ordinarily be accessible to anyone
other than anticipated recipients, and must not be retained for longer
than reasonably necessary.
! The material must be transmitted with no modification to its content.
Limitation for System Caching
Section 512(b) limits the liability of service providers for the practice of
retaining copies, for a limited time, of material that has been made available online by
a person other than the provider, and then transmitted to a subscriber at his or her
direction. The service provider retains the material so that subsequent requests for the
same material can be fulfilled by transmitting the retained copy, rather than retrieving
the material from the original source on the network.
The benefit of this practice is that it reduces the service provider’s bandwidth
requirements and reduces the waiting time on subsequent requests for the same
information. On the other hand, it can result in the delivery of outdated information
to subscribers and can deprive website operators of accurate “hit” information —
information about the number of requests for particular material on a website — from
which advertising revenue is frequently calculated. For this reason, the person making
the material available online may establish rules about updating it, and may utilize
technological means to track the number of “桩瑳â¸
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 11
The limitation applies to acts of intermediate and temporary storage, when
carried out through an automatic technical process for the purpose of making the
material available to subscribers who subsequently request it. It is subject to the
following conditions:
! The content of the retained material must not be modified.
! The provider must comply with rules about “refreshing” material—replacing retained copies of material with material from the
original location— when specified in accordance with a generally
accepted industry standard data communication protocol.
! The provider must not interfere with technology that returns “hit”
information to the person who posted the material, where such
technology meets certain requirements.
! The provider must limit users’ access to the material in accordance with
conditions on access (e.g., password protection) imposed by the person
who posted the material.
! Any material that was posted without the copyright owner’s authorization must be removed or blocked promptly once the service provider
has been notified that it has been removed, blocked, or ordered to be
removed or blocked, at the originating site.
Limitation for Information Residing on Systems or Networks at the
Direction of Users
Section 512(c) limits the liability of service providers for infringing material on
websites (or other information repositories) hosted on their systems. It applies to
storage at the direction of a user. In order to be eligible for the limitation, the
following conditions must be met:
! The provider must not have the requisite level of knowledge of the
infringing activity, as described below.
! If the provider has the right and ability to control the infringing activity,
it must not receive a financial benefit directly attributable to the
infringing activity.
! Upon receiving proper notification of claimed infringement, the
provider must expeditiously take down or block access to the material.
In addition, a service provider must have filed with the Copyright Office a
designation of an agent to receive notifications of claimed infringement. The Office
provides a suggested form for the purpose of designating an agent
(http://www.loc.gov/copyright/onlinesp/) and maintains a list of agents on the
Copyright Office website (http://www.loc.gov/copyright/onlinesp/list/).
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 12
Under the knowledge standard, a service provider is eligible for the limitation
on liability only if it does not have actual knowledge of the infringement, is not aware
of facts or circumstances from which infringing activity is apparent, or upon gaining
such knowledge or awareness, responds expeditiously to take the material down or
block access to it.
The statute also establishes procedures for proper notification, and rules as to
its effect. (Section 512(c)(3)). Under the notice and takedown procedure, a copyright
owner submits a notification under penalty of perjury, including a list of specified
elements, to the service provider’s designated agent. Failure to comply substantially
with the statutory requirements means that the notification will not be considered in
determining the requisite level of knowledge by the service provider. If, upon receiving
a proper notification, the service provider promptly removes or blocks access to the
material identified in the notification, the provider is exempt from monetary liability.
In addition, the provider is protected from any liability to any person for claims based
on its having taken down the material. (Section 512(g)(1)).
In order to protect against the possibility of erroneous or fraudulent
notifications, certain safeguards are built into section 512. Subsection (g)(1) gives the
subscriber the opportunity to respond to the notice and takedown by filing a counter
notification. In order to qualify for the protection against liability for taking down
material, the service provider must promptly notify the subscriber that it has removed
or disabled access to the material. If the subscriber serves a counter notification
complying with statutory requirements, including a statement under penalty of perjury
that the material was removed or disabled through mistake or misidentification, then
unless the copyright owner files an action seeking a court order against the subscriber,
the service provider must put the material back up within 10-14 business days after
receiving the counter notification.
Penalties are provided for knowing material misrepresentations in either a
notice or a counter notice. Any person who knowingly materially misrepresents that
material is infringing, or that it was removed or blocked through mistake or misidentification, is liable for any resulting damages (including costs and attorneys’ fees) incurred
by the alleged infringer, the copyright owner or its licensee, or the service provider.
(Section 512(f)).
Limitation for Information Location Tools
Section 512(d) relates to hyperlinks, online directories, search engines and the
like. It limits liability for the acts of referring or linking users to a site that contains
infringing material by using such information location tools, if the following conditions
are met:
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Copyright Office Summary December 1998 Page 13
! The provider must not have the requisite level of knowledge that the
material is infringing. The knowledge standard is the same as under the
limitation for information residing on systems or networks.
! If the provider has the right and ability to control the infringing activity,
the provider must not receive a financial benefit directly attributable to
the activity.
! Upon receiving a notification of claimed infringement, the provider
must expeditiously take down or block access to the material.
These are essentially the same conditions that apply under the previous
limitation, with some differences in the notification requirements. The provisions
establishing safeguards against the possibility of erroneous or fraudulent notifications,
as discussed above, as well as those protecting the provider against claims based on
having taken down the material apply to this limitation. (Sections 512(f)-(g)).
Special Rules Regarding Liability of Nonprofit Educational Institutions
Section 512(e) determines when the actions or knowledge of a faculty member
or graduate student employee who is performing a teaching or research function may
affect the eligibility of a nonprofit educational institution for one of the four limitations
on liability. As to the limitations for transitory communications or system caching, the
faculty member or student shall be considered a “person other than the provider,” so
as to avoid disqualifying the institution from eligibility. As to the other limitations, the
knowledge or awareness of the faculty member or student will not be attributed to the
institution. The following conditions must be met:
! the faculty member or graduate student’s infringing activities do not
involve providing online access to course materials that were required
or recommended during the past three years;
! the institution has not received more than two notifications over the
past three years that the faculty member or graduate student was
infringing; and
! the institution provides all of its users with informational materials
describing and promoting compliance with copyright law.
TITLE III: COMPUTER MAINTENANCE OR REPAIR
Title III expands the existing exemption relating to computer programs in
section 117 of the Copyright Act, which allows the owner of a copy of a program to
make reproductions or adaptations when necessary to use the program in conjunction
with a computer. The amendment permits the owner or lessee of a computer to make
or authorize the making of a copy of a computer program in the course of maintaining
or repairing that computer. The exemption only permits a copy that is made
automatically when a computer is activated, and only if the computer already lawfully
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Copyright Office Summary December 1998 Page 14
contains an authorized copy of the program. The new copy cannot be used in any
other manner and must be destroyed immediately after the maintenance or repair is
completed.
TITLE IV: MISCELLANEOUS PROVISIONS
Clarification of the Authority of the Copyright Office
Section 401(b), adds language to section 701 of the Copyright Act confirming
the Copyright Office’s authority to continue to perform the policy and international
functions that it has carried out for decades under its existing general authority.
Ephemeral Recordings for Broadcasters
Section 112 of the Copyright Act grants an exemption for the making of
“ephemeral recordings.” These are recordings made in order to facilitate a transmission. Under this exemption, for example, a radio station can record a set of songs and
broadcast from the new recording rather than from the original CDs (which would
have to be changed “on the fly” during the course of a broadcast).
As it existed prior to enactment of the DMCA, section 112 permitted a
transmitting organization to make and retain for up to six months (hence the term
“ephemeral”) no more than one copy of a work if it was entitled to transmit a public
performance or display of the work, either under a license or by virtue of the fact that
there is no general public performance right in sound recordings (as distinguished from
musical works).
The Digital Performance Right in Sound Recordings Act of 1995 (DPRA)
created, for the first time in U.S. copyright law, a limited public performance right in
sound recordings. The right only covers public performances by means of digital
transmission and is subject to an exemption for digital broadcasts (i.e., transmissions
by FCC licensed terrestrial broadcast stations) and a statutory license for certain
subscription transmissions that are not made on demand (i.e. in response to the specific
request of a recipient).
Section 402 of the DMCA expands the section 112 exemption to include
recordings that are made to facilitate the digital transmission of a sound recording
where the transmission is made under the DPRA’s exemption for digital broadcasts or
statutory license. As amended, section 112 also permits in some circumstances the
circumvention of access control technologies in order to enable an organization to
make an ephemeral recording.
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Copyright Office Summary December 1998 Page 15
Distance Education Study
In the course of consideration of the DMCA, legislators expressed an interest
in amending the Copyright Act to promote distance education, possibly through an
expansion of the existing exception for instructional broadcasting in section 110(2).
Section 403 of the DMCA directs the Copyright Office to consult with affected parties
and make recommendations to Congress on how to promote distance education
through digital technologies. The Office must report to Congress within six months
of enactment.
The Copyright Office is directed to consider the following issues:
! The need for a new exemption;
! Categories of works to be included in any exemption;
! Appropriate quantitative limitations on the portions of works that may
be used under any exemption;
! Which parties should be eligible for any exemption;
! Which parties should be eligible recipients of distance education
material under any exemption;
! The extent to which use of technological protection measures should
be mandated as a condition of eligibility for any exemption;
! The extent to which the availability of licenses should be considered in
assessing eligibility for any exemption; and
! Other issues as appropriate.
Exemption for Nonprofit Libraries and Archives
Section 404 of the DMCA amends the exemption for nonprofit libraries and
archives in section 108 of the Copyright Act to accommodate digital technologies and
evolving preservation practices. Prior to enactment of the DMCA, section 108
permitted such libraries and archives to make a single facsimile (i.e., not digital) copy
of a work for purposes of preservation or interlibrary loan. As amended, section 108
permits up to three copies, which may be digital, provided that digital copies are not
made available to the public outside the library premises. In addition, the amended
section permits such a library or archive to copy a work into a new format if the
original format becomes obsolete—that is, the machine or device used to render the
work perceptible is no longer manufactured or is no longer reasonably available in the
commercial marketplace.
Webcasting Amendments to the Digital Performance Right in Sound
Recordings
As discussed above, in 1995 Congress enacted the DPRA, creating a
performance right in sound recordings that is limited to digital transmissions. Under
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Copyright Office Summary December 1998 Page 16
that legislation, three categories of digital transmissions were addressed: broadcast
transmissions, which were exempted from the performance right; subscription
transmissions, which were generally subject to a statutory license; and on-demand
transmissions, which were subject to the full exclusive right. Broadcast transmissions
under the DPRA are transmissions made by FCC-licensed terrestrial broadcast stations.
In the past several years, a number of entities have begun making digital
transmissions of sound recordings over the Internet using streaming audio technologies. This activity does not fall squarely within any of the three categories that were
addressed in the DPRA. Section 405 of the DMCA amends the DPRA, expanding the
statutory license for subscription transmissions to include webcasting as a new category
of “eligible nonsubscription transmissions.”
In addition to expanding the scope of the statutory license, the DMCA revises
the criteria that any entity must meet in order to be eligible for the license (other than
those who are subject to a grandfather clause, leaving the existing criteria intact). It
revises the considerations for setting rates as well (again, subject to a grandfather
clause), directing arbitration panels convened under the law to set the royalty rates at
fair market value.
This provision of the DMCA also creates a new statutory license for making
ephemeral recordings. As indicated above, section 402 of the DMCA amends section
112 of the Copyright Act to permit the making of a single ephemeral recording to
facilitate the digital transmission of sound recording that is permitted either under the
DPRA’s broadcasting exemption or statutory license. Transmitting organizations that
wish to make more than the single ephemeral recording of a sound recording that is
permitted under the outright exemption in section 112 are now eligible for a statutory
license to make such additional ephemeral recordings. In addition, the new statutory
license applies to the making of ephemeral recordings by transmitting organizations
other than broadcasters who are exempt from the digital performance right, who are
not covered by the expanded exemption in section 402 of the DMCA.
Assumption of Contractual Obligations upon Transfers of Rights in
Motion Pictures
Section 416 addresses concerns about the ability of writers, directors and screen
actors to obtain residual payments for the exploitation of motion pictures in situations
where the producer is no longer able to make these payments. The guilds’ collective
bargaining agreements currently require producers to obtain assumption agreements
from distributors in certain circumstances, by which the distributor assumes the
producer’s obligation to make such residual payments. Some production companies
apparently do not always do so, leaving the guilds without contractual privity enabling
them to seek recourse from the distributor.
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Copyright Office Summary December 1998 Page 17
The DMCA adds a new chapter to Title 28 of the U.S. Code that imposes on
transferees those obligations to make residual payments that the producer would be
required to have the transferee assume under the relevant collective bargaining
agreement. The obligations attach only if the distributor knew or had reason to know
that the motion picture was produced subject to a collective bargaining agreement, or
in the event of a court order confirming an arbitration award under the collective
bargaining agreement that the producer cannot satisfy within ninety days. There are
two classes of transfers that are excluded from the scope of this provision. The first
is transfers limited to public performance rights, and the second is grants of security
interests, along with any subsequent transfers from the security interest holder.
The provision also directs the Comptroller General, in consultation with the
Register of Copyrights, to conduct a study on the conditions in the motion picture
industry that gave rise to this provision, and the impact of the provision on the
industry. The study is due two years from enactment.
TITLE V: PROTECTION OF CERTAIN ORIGINAL DESIGNS
Title V of the DMCA, entitled the Vessel Hull Design Protection Act
(VHDPA), adds a new chapter 13 to Title 17 of the U.S. Code. It creates a new system
for protecting original designs of certain useful articles that make the article attractive
or distinctive in appearance. For purposes of the VHDPA, “useful articles” are limited
to the hulls (including the decks) of vessels no longer than 200 feet.
A design is protected under the VHDPA as soon as a useful article embodying
the design is made public or a registration for the design is published. Protection is lost
if an application for registration is not made within two years after a design is first made
public, but a design is not registrable if it has been made public more than one year
before the date of the application for registration. Once registered, protection
continues for ten years from the date protection begins.
The VHDPA is subject to a legislative sunset: the Act expires two years from
enactment (October 28, 2000). The Copyright Office is directed to conduct two joint
studies with the Patent and Trademark Office—the first by October 28, 1999 and the
second by October 28, 2000—evaluating the impact of the VHDPA.
EFFECTIVE DATES
Most provisions of the DMCA are effective on the date of enactment. There
are, however, several exceptions. The technical amendments in Title I that relate to
eligibility of works for protection under U.S. copyright law by virtue of the new WIPO
treaties do not take effect until the relevant treaty comes into force. Similarly,
restoration of copyright protection for such works does not become effective until the
relevant treaty comes into force. The prohibition on the act of circumvention of access
The Digital Millennium Copyright Act of 1998
Copyright Office Summary December 1998 Page 18
control measures does not take effect until two years from enactment (October 28,
2000).
the DMCA of 1998 was a play to remove even more of an individuals rights to what they buy. giving the wealthy even more ways to get rich off of the poor and middle class.
DANWILL: Oh, boo-hoo-hoo. You're making me cry. If people cannot afford to pay to download, then they can tape for free for personal use from the flippin' RADIO. Stop whining about how you have wasted your life and have less money than others, will you?? Whose fault is that, huh?
You mean to allow the creator of an artistic endeavor the true ownership of the results their work. An excellent idea.
Sites such as kazaa.com off for a filesharing software. The files do not sit on any kazaa servers. The files said: the computer where the kazaa software re-signed. this software has a node that in last turned off allows automatic filesharing of music files among others. since the file set or her computer they're trying to say she's responsible for those files that were downloaded to other people's computers. Remember I said unless the node is turned off you're automatically uploading files with the you know what are not.
So truthfully she's just trying out the music to see if she likes it before she buys. It's no different than going to the record store.
So if you go to the store and steal a candy bar and get caught they shouldnt hav to pay the fine? only the cost of the candy bar? that is so stupid. She Illegally downloaded something, like most of you do every single day... which causes musicians to go bankrupt and cause chaos in their life. IF YOU ILLEGALLY DO SOMETHING YOU WILL PAY THE PRICE... make her pay 1.5 million and teach the rest of you to @!$%# straight and legit.
hey battywoman, I said that I CHOSE not to support the RIAA by not purchasing anything associated with them, it has nothing to do with my ability to pay, and everything with my FREEDOM of choice. I consider their actions to be immoral and unethical, it was their own fault for their inability to adapt to new media. it took apple to show them how to pull their heads out of their arses, and adapt. but I guess you don't actually support a true free market, do you? from your obvious rants, you would greatly prefer to have the government protect antiquated dinosaurs of a business model.
with attitudes like yours, it's no wonder this country is falling apart.
anyways, how's that bootlicking thing going for you?
SDR-2496114, You're suspended for a day for violating #1 of the Code of Honor.
...
The only organization worse at image management than the RIAA that I can think of is PETA. They should be trying to shut down the P2P services, like I think LimeWire just got knocked.
Yes Ed' ---
My first record release was in 1982 --
I have since produced over 500 works of music and my music has been used in films, commercials, radio plays, etc...
I am a solid member in standing (BMI).
During my Guest Speaker engagement at the "Atlantis Music Conference", I proposed that many musicians should take works that they consider usless for commercial purposes, and combine them into a single album, and then release them as "Public Domain" so that they can provide a service as musicians while getting the name recognition for those works as the works are used in the world wide web.
I have worked in the broadcasting industry both Radio & TV for a good part of my life since the 70's and have a very good knowledge of not only copyright, but also more importantly - I know copyright history!
-- I got a seriously good chuckle at your rant..!
Now have you ever recorded a TV show at home, and then loaned the DVD copy of it to a friend to watch at their home? --- Then stop Stealing!
The DMCA is bad law..!
DANWILL: "hey battywoman (sic.) . . . with attitudes like yours, it's no wonder this country is falling apart."
Very, very nice, DANWILL.... and yet I still address you by your actual screen name. You make yourself look foolish with your name-calling and insubstantial rants and accusations. How is it a bad attitude to expect people to pull themselves up by the bootstraps; to expect people NOT to steal and then whine about the consequences; and to expect the American public not to attack others who have worked harder and smarter, with more God-given talent in some cases.... in short, NOT to exhibit the petty jealousy that you have shown, DANWILL, when others have more money and more assets than you?
Grow up, DANWILL, and stop advancing your dumb point about how others who have so much deserve to be victimized by the theft of those who have little. You do not get to pick and choose among the laws that are to be enforced.
you are right about that, especially when crooked politicians get paid off to pass laws that benefit a few elite businessmen at the expense of everyone else.
as I said, you don't support a free market, you just support government mandated , artificial support for the status-quo of elite businessmen that have bigger pockets to pay off politicians with, and rely on their thuggish attorneys to protect them from their own stupid decisions.
"others who have worked harder and smarter" you have got to be kidding, they didn't work harder and smarter, they couldn't see outside of their collapsing business plans and had to rely on the government to pass laws to protect their own special interests
you are the definition of an elitist
what's next?
"let them eat cake"?
LOL
Danwill- you just don't get it, do you? People create something. They sacrifice time and effort (WORK , a word thieves such as yourself don't understand), and they create said work. They then SELL this work to others, so that the others may enjoy it. Now, according to YOU, once they create this piece of work, anyone who wants to can steal this work (or even buy a copy of it) and then make more copies to sell or give to others, therefore depriving the original creator of that piece of work of his recompense. YOU have decided just how much they can earn from that work, and the rest is free for the taking. So, if you go to work and earn a paycheck, once I decide how much of that paycheck you deserve, then I can take the rest of it and use it as I desire, hmmm? (Work with me, here. I doubt you have ever actually earned any money in the past, but I THINK you might be smart enough to actually understand the concept of working for pay.)
Let them EARN their own cake.
Yes, I am an elitist. Those who work to feed themselves, or buy the good they desire, are the elite. Those who don't are the losers. The successful work their asses off and thrive. The rest, suck the public tit, and demand a bigger tit to suck. ANY corporation that accepted a bailout is as much a loser as you are. I didn't vote to bail them out, but I sure got the "privilege" of footing a portion of the bill.
wow, it's amazing that a bunch of ignorant , corporate cronyist bootlickers are so quick to claim to know what my financial status is. ROFLMAO, you don't know jack spit about me.
Neal, are you referring to the corporate THIEVES that were selling a CD for $17 and giving the artist that actually CREATED the music 25-50 cents?
when their business model started failing, they went crying to congress to protect, not the actual creators rights, but their own corporate rights to steal from the actual creators ?
are those the "thieves that you are referring to?
I have stated plainly and openly, that I do not and have not downloaded any songs illegally, and I refused to buy anything from anyone that was a member of the RIAA because of their thuggish tactics. the simple fact is that I stopped buying music and only occasionally listen to music on the radio, and I don't have any music on my computer except a very small handful (less than one screenful for everything) of songs that I downloaded (legally) from I tunes. and I don't like Itunes since I can't use their music on anything but an apple player. I have nothing against reasonable restrictions on copying, but restrictions based on who make the player are ludicrous.
the only free software that I download is either legal, free open source, or free trials, if I like the trial, I will purchase it. the same for movies.
if I want to support an artist, then I will purchase it directly from the artist instead of letting the money-grubbing corporate drones of the RIAA get their hands on it., but for the most part, I just don't bother anymore.
furthermore, your rant about the bailout shows what an idiotic, brainwashed political stooge you are. I could care less about the actual financial companies that were bailed out, but if they were allowed to go bankrupt, then all the other companies that did nothing wrong except to have put their finances with these big wall-street banks would also have been driven into bankruptcy, what do you think the result of that would have been? the mess we are just beginning to crawl out of now would have been amplified at least fivefold, instead of 6 million lost jobs, we would be looking at 20-30 million lost jobs. that's your idea of "sound fiscal policy"? what an idiot! oh yeah , it's all because "you don't want your taxes paying for it." what a fool.
oh, and Obama and our curent congress actually created a way that would allow those "too big to fail" banks actually fail into bankruptcy without allowing all their customers to fail also, but right-wing imbeciles cried about how that was "socialism" when most of those that were don't even have the brains to spell the word, much less understand what real socialism is.
neal osborn, you are a pathetic, lying ass for accusing me of stealing, I actually play by the rules, and you are too stupid to know when you are being played.
I am so glad I chose the more lucrative career than writing based on the comments on this seed.
There is no way in he11 I could imagine surviving on that type of income when so many of you think it is A OK to steal copyrighted material.
Karen I never said in any of my comments that it was OK to steal or that it was ok to freely copy copyrighted material. (unlike what catwoman and jerk osborn tried to falsely accuse me of).
the lady in the article should pay something, but over a million dollars is obscene, especially since the artists will be lucky to get one tenth of 1% of that judgement even in the unlikely event it was paid in full and in cash, all the rest would go to line the pockets of the record executives and their attorneys
actually, she should pay it to the artists directly and then let the RIAA show just how much they are really "for the artist's rights" as they turn around and sue the artists for their 99.9% cut
no , my rants have been against fat, bloated, greedy and lazy corporations that would rather tell congress how to protect their lazy arses then to adapt and compete.
* note, not all corporations are that way, but far too many suffer the same type of bureaucratic bloat that the government does, and certain people have been well trained by the corporations to say that corporate bureaucrats are our salvation.
RE: Comment 1.56
Don't be such a judgemental j@ck@ss. For all we know from this story, she was married for 10 years and her husband left her for his secretary, or something like that. There are many avenues to single motherhood other than deciding to have a kid (or 4) without securing a husband and father first. You just don't know. And being a single mother does matter because this exhorbitant fine would be crushing to anyone, but as a single mother it crushes more than just her - it crushes her innocent children. It will interfere with her ability to provide the basic necessities to her children. Should she have thought about that before doing what thousands of others have done (not me, mind you, but thousands of others), yes. Is what she did right? No. Does she (and the other thousands) deserve consequences? sure, that is how the law is written. But the amount is utterly ridiculous. If the punishment stands, it would be best for the kids to be removed from her home, as she will be unable to ever provide for them again. Is this crime worth one losing her children? Or children losing their mother? The punishment does not fit the crime. This whole case (and this insanly judgmental thread) needs a little perspective and a healthy dose of compassion.
Her lawyers argue that she should only pay 1.00 per song but how many copies did she share out. All articles state she not only downloaded but was sharing them out. So even if you go by the logic that she only owes 1.00 per song. She should also owe 1.00 per copy of the song she gave out. If only ten copies were downloaded then 24.00 for the ones she downloaded and another 10.00 for what she shared. But if 1,000 people copied the song then she should be liable for those copies as well. Just my opinion.
The maximum damage to the industry can be calculated fairly easily. Look at her bandwidth connection. That will tell you how many songs she is capable of uploading at any one time. Multiply it for the amount of time she was running the illegal software and you know how much money she COULD have cost the industry.
At five minutes per song, a usual bandwidth upload capacity of about 40kbytes/sec, and a cost of 99c per song, that's about 1152 songs or about $1100 per day. This is the MAXIMUM she could have cost them and it assumes that she had it on 100% of the time, she wasn't using it for anything else and the person who downloaded the song would have paid for it if he couldn't get it from her. Most likely, it cost them considerably less.
I don't know if the idea of charging per song is unconstitutional, but it does seem unreasonable. She isn't running a song server in a data center, she is running a small home computer, and her ability to upload songs is severely limited. The MAXIMUM amount of money she COULD have cost the industry is related to her computer bandwidth, and has nothing to do with the number of songs on the computer.
Also keep in mind that this music is available from other sources illegally, so you can't make the argument that she is responsible for thefts in other places. You can't also blame her for other people acting illegally.
Your joaking! How was the recording industry damaged to the extent of 1.5 million?
"joaking"? really? you must be joking
The recording industry has been damaged way beyond $1.5 million, just not by this one individual. It seems though as if this might be a scare tactic to stop others from illegally downloading.
She's going to have to work 5+ lifetimes to pay this off if the fine doesn't come down significantly. Too bad for her, guess she should've gone the itunes route, or the old fashioned way and go to the record store.
this fine was to send the message to other would be thiefs not to break the law, comprente'. You can not justify what she was doing - thou shalt not steal, isn't it?
Even if they are trying to send a message. It's ridiculous.
How about a class action suit on the recording industries for mastering crappy pathetic songs that millions, even billions of unexpecting consumers buy each year.
Go after the source, not the symptom. And make damn sure that every recording that anyone would want is legally and readily available from legitimate sources. A lot of people download things that they cannot get otherwise, etc. Not everyone has evil or greedy intent - like big business does!
OK...........Copyright laws are in place for a very good reason. As long as there are people, laws will be bent / broken.
Yes, she broke the law, and downloaded / pirated a few songs..
However, until such time as the entertainment industry is ready / willing to go after ALL pirates, this girl should be fined a realistic amount, with a reasonable payment schedule, and let go on her way.
This baloney of trying to make an example of her, just does not have any rhyme or reason, and cannot be justified by any stretch of imagination. Some judges / juries need a course in reality.
I agree her fine is on the ridiculous side, but she should face some sort of fine.
What they're doing seems like picking one person who made a copy of a video and then passed it around to their friends, then imposed a fine for every time someone borrowed the tape. Have they ever done this to someone who is making copies of illegally downloaded copies of illegally recorded movies?
If they really want to stop this sort of thing from happening, they need to go after the site she downloaded the music from.
Are they going after the people she passed the music on to?
These fines are outrages. I agree with PackratKing....the only person with a realistic comment in this post, the rest are idiotic
Sorry, but I've got to get up on my soapbox here - and this is from the POV of a musician. The recording industry, particularly the major record labels, is simply looking for a way to continue their monopolistic hold on music distribution. Music downloading isn't hurting the music industry, the industry is a dinosaur that tried to hold onto it's old ways for too many years and then started suing everyone because they were behind the time, technologically speaking. For years they got away with selling music on basically disposable media (LPs, tapes, even CDs) and now that those media are no longer needed they need a way to stick it to the music consumer - AND BANDS ALIKE (do some research on how much most bands actually made from CD sales). It's also interesting how now everything is about having the "rights" to the music - if that's the case would they have replaced my tapes that I left in the car and got ruined back in 1985 because I owned the "rights" to the music on them - or even allowed me to make a new recording of that music from a master tape since I owned the "rights" to it? Don't think so. This is plain and simple a last gasp from an industry that refused to open it's eyes to the path that technology was taking and now wants to get back payment for their lack of vision.
In the end, good music finds a way to the masses and the musicians are properly compensated. Some bands have offered downloads for years and got way ahead of the curve and others promote the bootlegging of their concerts because they realize that the more their music is heard, the more someone is likely to buy it or to see them in concert.
Tell me I'm full of crap, I don't care, that's the way I see this whole scenario.
Agreed, $1.5 mill is way out of proportion. You don't get sued that much for wrongful death most of the time.
Sickofidiots, you make a good point but it says in the story they have decided to go against the worst offenders. It is listed that she downloaded 1700 songs [though who knows if that makes her one of the one of the worst offenders].
That being said, how can you hold site responsible? It is simply a file sharing site, they themselves simply provide a place to sharefiles. Yes, we all know what passes through there. But to follow that logic that they are responsible, the you would have to blame the computer makers for making the computers that waere used because they gave her the means to do so, you would have to sue Mocrosoft [same reason], etc.?
Do you see the thought pattern? It simply comes down to responsability and morals. Ultimately, a person choses what they do freely, you cant blame the equipment they use.
It wouldn't matter what her fine was or is, she wouldn't pay. She is a beadbeat who looks for the easy way out. Why do you think she has 4 kids, to make sure her welfare check is big enuf to pay for her drugs. Put her in jail for 6 months or so, then force her to pay a monthly amount on a reduced fine.
What songs was she downloading that weren't on Itunes?
Itunes pretty much has everything and beyond. C sides that have never even seen the light of day you can get off Itunes.
How about...don't steal.
Seems pretty simple to me.
For comparison, this is the same thing as saying it's "ok" for Chinese companies to commit copyright infringement on everything we do here in the US.
They tried to settle with her twice, first for $5000 and then after the second trial for $25000. She refused both times. I wonder what she has spent in legal fees.
AmericansFirst - you're logic is flawed because of the very point you make. The operators of the file sharing site know what their site is used for and provide a means for facilitating copyright infringement. Their entire raison d'etre is to allow people to evade copyright laws.
The computer makers are shielded because of a very important Supreme Court decision from the 80s involving VCRs (actually Betamax) - same argument was made that they facilitated copyright infringement by allowing people to record TV shows and movies. In a nutshell, that case looked at the fact that there were many non-infringing uses of the technology. Here, there is no other point to many of these sites.
Well packrat king, couldn't agree more. although you shot yourself in the foot. First you don't know how many a few is and secondly they did offer her a very big break and what did she say?? No!! So feel sorry for her and help the lady out.
Wheres the outrage at former Country wide CEO Angelo Mozzillo whom STOLE $179 MILLION dollars and got a fine of $67.5 MILLION that his new Employer is paying because of special clauses in his contract?
Why dint he get fined 75,000% of the amount he stole???
1.5 mil/$20 (the cost of 1CD which is approx. 24 songs give or take)=75,000
$179 mill * 75,000= $13,425,000,000,000 that is 13 trillion 425 billion dollars
But No Angelo gets to keep over $100 million dollars in stolen money and you people want to fine this lady 1.5 million for downloading music on the internet.
IF ITS SUCH A B.F.D. MAKE IT IMPOSSIBLE TO DO!!!! THERE ARE HACKERS THAT CAN GET IN TO D.O.D. COMPS AND YOU WANNA TELL ME ITS NOT POSSIBLE TO BLOCK PEOPLE FROM DOWNLOADING COPYRIGHTED MUSIC???
WHY ISNT IT ILLEGAL FOR BANDS TO PLAY COVER SONGS WITHOUT THE PERMISSION OF THE BAND THAT ORIGINALLY WROTE IT???
I believe copyrights only last for 7 years if those songs are over 7 years old the statute of limitations has run out, maybe thats why they could only go after her for 24 of those 1700 songs..?!?!?!?
@Jack Harris
Thanks, I really wouldn't have been able to decypher what he was trying to say without your interpretation. I'm glad you posted.
It is ignorant to come up with 1.5 million for 24 songs. People have attempted homicide and paid far less. There is a great disparity in punishments for various crimes.
packrat - while I agree the fine is not reasonalbe, I have to disagree about the industry having to go after everyone or no one. Law enforcement works this way, it's called selective enforcement. This means they go after the ones they can. You cannot ticket every speeder, so you ticket the ones you can. If law enforcement or the courts must prosecute every offender that ever did anything wrong or not prosecute at all, nothing would ever get done. That being said, this is a civil torte, not a criminal one. The person (in this case the music industry) can choose who they want to sue. They don't have to sue everyone who has ever wronged them.
@guito = Copyright lasts for 70 years after the author's death, not 7 years. You might be thinking of patents (I think they still last for 20 years).
It is much easier to hack into something than to prevent people from hacking into something.
Cover bands probably are violating copyright laws, but it is a lot more palatable to the record companies for obvious reasons to have a bar band playing music that is not being professionally recorded to a few drunks on a Friday night than to allow thousands or millions of people to download songs permanently into their iPods. People that record covers of other songs usually do pay royalties.
Angelo Mozillo is a crook, I can't argue with you there, but that does not excuse this woman's behavior.
Okay, gp, you're full of crap.
Welllll, actually I agree with you one hundred percent. What I take issue with is the fact that this woman broke the law. Yeah. It's a stupid law designed to protect a bucket of bolts at the top of the food chain (Like so much other b.s.). It needs to be changed and likely won't be unless someone or someones (sorry for the grammatical outre there) fight. But this woman did break the law knowingly and wilfully. She knew she was breaking the law. She had a chance to get out of it and declined and now she wants to play poor mouth as an excuse to not pay. This is not a fight over the validity of the regulation. I have zero sympathy for this woman and it would not break my heart to see her go to jail.
I have so many friends across the full spectrum of the music industry and I have heard many arguments both for and against these regs. Not surprisingly, the higher up you go, the more likely you are to find those in favor.
guito, I don't know where you get your information but copyright extends far beyond 7 years. As long as the owner lives, the copyright is intact and they own the rights. If they pass away, their estate owns the rights for a certain number of years after that (I believe it is 75 years but I may well be mistaken) unless they continue to pay to reinstate the rights privileges. In other words, if they own it, they own it. John Fogarty cannot even sing his best known song without paying someone else for the rights to do so because an unscrupulous manager many years past has a contract that says he owns the rights and if CCR and Fogarty part company with him, he still owns the rights. That means Fogarty doesn't own his own song ... And guess what. He won't sing it. Period. Kinda sad the way the world works, huh?
Kazaa does not even own the computers you are getting the songs from. All they do is provide the software to allow others to get the music from YOUR machine. Sure, it's free software, but as they wrote it they don't HAVE to charge for it if they don't have to.
But really, why would anyone want to put software on their computers that allows ANYONE to look and see what you have on your computer. Can you imagine what else you may have picked up while you were downloading that song you thought were so cool?
Now to the point of "well, I should not be charged for the crap songs they added to the album" everyone of us has our own tastes in what is crap and what isn't. I personally don't like gangsta rap, Lady Gaga, or even Kid Rock when he thinks he is singing country music (ummm, that's country? that tune you are using came from an old Eagle rock song).
I sure hope those of you casting rocks wouldn't get cut up too bad. =]
Though I'm sure you'd be in the ER 1000 times over...
How much of the 1.5 million dollars will go to the artists and how much will go to the company and lawyers? If the artists actually got the majority of the money that might be one thing--but we know who actually gets the bulk--and it isn't the artists! I agree that she broke the law and should have consequences--but this is over the limit. The artists will be lucky to get anything at all out of this!
Guitto.
Cover bands DO legally have to pay fees for the music they play, but they pay them to ASCAP. The American Society of Composers, Authors and Publishers. They collect the fees from people who perform work written by others and then pay the royalties direct to the person who WROTE the song.
A band has rights to their recordings, but the composition or sheet music belongs to the composer.
ASCAP used to send inpectors around to bars and honky tonks to see if the band or piano player is performin copyrighted work and if they had paid a license fee to ASCAP. If not, they could demand payment or ask that they cease and desist. I don't know if they still do it that way.
The music couldn't have been that good.
As for the artists fees for singing the music and the band playing the music. That's just the cost of business. Their music so not worth more than $.10 a download and lest you buy an album for $9-$10 or more. Music just isn't worth that much money.
And I do believe this is being used as a scare tactic is well just to make an example out of.but for $1.5 million get real.
In this day and time people are suffering from foreclosures, losing their jobs, not being able to find a job, not being able to pay their electric bill ,gas bill, telephone bill, or any othe or any other necessities that are needed for daily living. These expenses are more important than the recording company's lawsuit.
I, for one, will not be all that surprised to see this ignorant, excuse-making woman move to New York to run for governor on the "Fines for Jacking Music are Too DAMN High" Party.
BMI as of June of this year were stepping up their policing of bars
CONCERNED, I really despise "poor me" attitudes like yours. Apparently you believe that because someone else in the world has talent and has more money than you do, he deserves to be victimized by theft. That is a loser of an attitude that you have there, and it fairly screams, "I have nothing and have no talent and therefore am jealous of others who are the 'haves' in this world in which my ignorance and jealousy relegate me to the realm of the 'have-nots'. I want the world to recognize me for what I am: a loser".
catwoman, how far has bootlicking gotten you?
(also known as brown-nosing)
The record industry and all artists have been damaged well beyond 1.5 million, one small example would be Aerosmith whose catalog in 1990 was worth hundreds of millions of dollars but now is worth nearly nothing because people don't need to buy the music if they can share it. How woulkd you like it if after a long hard week at work your paycheck weas given to me??
NORTH MIKE: After chastizing posters for not knowing the difference between civil and criminal law, you posted the following at the end of your comment about how this is merely a jury award in a civil case:
"What she did was wrong, but was petty theft."
C'mon, MIKE, get a grip. This is a CIVIL case. "Theft" is a CRIMINAL term.
"How woulkd you like it if after a long hard week at work your paycheck weas given to me??"
Well...that's kind of what taxes are about...at least the ones going to entitlements. I don't resent paying for medical care for old people though. Or financial aid given to students based on need. Or free education paid by taxes for those who don't want to homeschool kids or put them in private school. Or free lunches for poor kids.
I merely object to the waste or those scamming the system, as well as support for immoral things like abortion. We all live with benefits from others' efforts (past and present) and we should all put in more than we take out, like so many others have to our benefit.
Still people need to be paid for their work, before some of their money is taken for tax purposes. Nevertheless, considering the value of this woman's theft was $24, I find it hard to believe that enough people stole the songs because of her efforts to make the sum of 1.5 million dollars. That would be 62,500 people.
Even if they know all those people stole the songs, furthermore, they can fine each of them $24 as well and get all their money back! They can go after all the guilty parties instead of being lazy and going after one person who is not guilty for what the other people did after all.
Assessing each thief a reasonable penalty on top of that $24 would be fair too. Unfortunately legal folks don't seem to have any concept of reality in what they're asking for--disconnect from reality is at critical mass in the legal profession, apparently.
Actually no, theft is a general term, most laws regarding 'theft' instead use the term LARCENY, but thanks for your concern.
NORTH MIKE, you don't know what you are talking about. "Theft" is a criminal term. "Larceny" also is defined in the criminal code of most states. "Burglary" and "robbery" also are misused by most lay people, as most people who are not in the legal field believe that burglary relates to theft.... not necessarily so. Many lay people also mistakenly refer to "robbing an ATM", which is nonsense, but they say it because they do not have understanding of the criminal code and legal definitions in most states.
The civil term you are searching for is "conversion", and it is a tort. Look it up, and learn something on a Sunday, huh?
Get off your high-horse, NORTH MIKE.
I've never joaked, not even jokingly! I hear joaking in some countries is even illegal and in other countries it requires a special license and annusl certification.
To the person who was wondering about how long patents last
20 years after the date the patent application was filed.
This is the website for the US Patent and Trademark Office:
www.uspto.gov
Here is a link to the law. I found the patent term in
http://www.uspto.gov/web/offices/pac/mpep/consolidated_laws.pdf
pg 33 - 35 U.S.C. 154a(2)
she should have thought about that before all the copywrite infringements. while i think the charges for downloading are high; i for sure believe that the people doing all the work so we can enjoy should get something each time their work is used.
If you can't afford it don't download. If you download pay for it. I am so sick and tired of moms using their kids as an excuse to get out of bills. She should have thought about feeding her kids before she ran p the bill.
and how many laws have you broken today? ----
What if you got fined 2 million for not wearing a seatbelt?
This is a law that is way out of line with proper justice.
Denise, is your sickness and tiredness terminal?
SuzyQPA the thing is she didn't pay for them at Itunes, she stole the songs and got caught. She shared more than 1700 songs but was only prosecuted for 24. So maybe she should pay for the other 1700? This sends a message: stop stealing! Or, as I like to see it, don't get caught stealing!
Guess people will go back to recording them from the radio which in reality is no different from getting them off the net. Both results in getting the songs one wants except one way has been ruled legal and the other illegal but really what is the difference?
Even if you go by the 1700 song route I can't see fining her more than $170,000 which would be $100 a song. That would be enough to discourage people.
She is a idiot. She was given the chance to settle and took her chances in court. Now she complains about it and many of you back her? lol She could have just settled for 5k and it would have been over long ago but she decided to game the system perhaps using her poor ole me single mom to get sympathy. It did not work. And with all of this, just what is she teaching her kids? it is ok to break the law and then moan and groan about it to get out of your responsibility? She is doing a good job of showing she is an unfit mother.
In the words of Baretta- If you can't to the time, don't do the crime.
T-Bird69,
If you are listening to the radio (to record your music) it means that the radio station has paid the musician/record company for the material that you are now listening to. In addition, in the course of listening to the radio, you probably listened to a few ads, which were the ultimate source of the money that was paid. Now if you distribute that copy of the tape you made, without the ads, etc, then that is actually also illegal (actually illegal even if you distribute with the ads, but that's not the point)
So, if she stole a loaf of bread, she should get the death penalty, right? I don't know why I bother debating so many people spewing self-righteous ignorance, especially those who criticize her welfare babies when you don't know anything about it. Hasn't anyone heard, "Let the punishment fit the crime" ? I guess there will always be a significant minority who can't distinguish between a petty crime and a major felony. By that logic, if you ever got a speeding ticket, you are a criminal as bad as any rapist or murderer.
SJ: You can copy it off of programs that air the songs without any ads. Also knowing several people that work at radio stations and such most stations do NOT actually pay for the music but are given the music to play for the free advertising they get when the song is played so as I said before in reality there is no difference from copying off of a no add station or the net.
T-Bird. It's still illegal.
The radio station, commercial or subscription, has the rights to air music. (usually for free, but sometimes they have to pay.) You still do not have the rights to record it and distribute it.
As to the seatbelt analogy, you must not have done well in math. A $250 fine for not wearing a seatbelt 1700 TIMES is $425,000.
Stop trying to justify your own illegal downloads by defending this crook.
JW: Never said anything about distributing it just recording it off the radio and yes it is legal to record off the radio. I have no problem with people recording/downloading music for their own use I do not agree with doing it to make a profit off of.
Question though where did the seatbelt analogy come in at cause I know I didn't make it?
 Take her kids, sorry but the old line of if you cant do the time dont do the crime.
Seriously? That's ridiculous!
amen
Amen John!
Why does it come down to take her kids. That way the people that pay taxes will pay to raise the children. Yes she should have thought about. I'm sure you have done something wrong yourself. Did you know, not coming to a complete stop at a stop sign is breaking the law (complete stop is 20 seconds). Spitting on a public sidewalk breaks the law I can go on and on. Spend one day thinking about the things people do like putting money in a meter because you thought you where helping somebody not get a parking ticket is breaking the law. Please think before you take someones children away.
You are a complete jackass who should have been hugged more as a child.
And please tell me what taking her kids would do?
Have you thought about the trama it would cause the kids? The foster homes it would use up that real abused children could use? The fact that the state would then have to support these children and not to mention the type of abuse that goes on in SOME foster homes! Do you know what its like to feel like a child in a home thats not really loved or wanted?
Maybe she should be fined but the idea to take her kids away is thoughtless!
Take her kids on what grounds since when is downloading music evidence of being an unfit parent ! take her kids put them in the foster system where they can be abused or neglected ! then grow up tp commit real crimes that actually hurt people huh ! instead of taking people tp court the music industry along with the film industry should be developing ways to truly protect its material so that it can not be shared !!!!!
I agree 100%!! Everyone knows it is illegal to download music but we do it anyway. That doesn't mean it is right, it just means not all of us get caught.
If you can't afford to pay for downloads because you need to feed your kids, then DO WITHOUT THE DOWNLOADS!!! SIMPLE MATH.
And where are you going to take her kids? Foster care? There's more tax dollars down the drain, and it doesn't solve the problem.
Just as kids 20 years ago made copies of cassette tapes, kids now are downloading and sharing music online. It's the exact same thing. Now go back and think, did your kids ever make a copy of a cassette tape or two? Well if so, and even if you disagreed with it, you need to go right now and write a check to the RIAA for 1.5 million dollars. Go on now, quit yappin' at the mouth and actually walk the talk.
Take her kids?! For 24 songs? I have paid for the same songs 5 times over. First on vinyl, then cassette, then cd and now itunes. Does the music industry owe me money? Hells bells, use some of the profit they make off people like me to pay for her 24 songs.
Sounds like she might have other problems that are more troublesome to society--like having children she can't afford. But that is a whole other story...
I have a good mind to plaster this thread with a few more editions of this comment. Take her children ????
Who's the utter jackass responsible for that thought.
OK...........Copyright laws are in place for a very good reason. As long as there are people, laws will be bent / broken.
Yes, she broke the law, and downloaded / pirated a few songs....... if she were the only person doing this, it would be one thing
However, until such time as the entertainment industry is ready / willing to go after ALL pirates, this girl should be fined a realistic amount, with a reasonable payment schedule, and let go on her way.
This baloney of trying to make an example of her, just does not have any rhyme or reason, and cannot be justified by any stretch of imagination.
Some judges / juries need a course in reality.
Give me a BREAK! It's not like she's an arsonist for hell's sake. Take her kids...Pleeeeassee. In the old days, you could make a cassette tape of anything you heard on the radio or from a vinyl album, and share it with whoever you wanted and no one cared. Now that the internet allows sharing on a mass scale, the publishers are up in arms because they see a way to increase their profits even further. But going after single moms to obtain million dollar plus judgements that can never be claimed?! C'mon. The court costs alone for this single case spell out quite clearly that they are seeking to send a message to those who share small numbers of songs - and the scare tactics will never work.
"Take her kids"... what kind of corporate hack are YOU?
 "Take her kids" Rediculous! The artist aren't making money from these websites so they are not missing out on it. A friend of mine recently found his band/songs on LimeWire and nobody in the band gave concent. Somebody is making money off of them, but who??? Slap her on the wrist, throw in in jail for awhile, but "take away her kids" or make her pay millions of dollars...I don't get it.
Was she selling these songs or making CD's? Why are the fines so harsh? Makes no sense. Maybe it's like the millions of dollars people are awarded when they spill hot drinks on themselves...wtf?
Somebody should have taken John away from his mother along time ago or maybe they should take his kids if he has any, then maybe his moronic line will end
Yes, take the kids, her welfare check will go to the foster home instead of to her. I think tonight I will go out and steal that new Corvette I have been wanting so bad. After all, I deserve to have it, and I can't afford to buy it as I am on welfare. Its only a car. If they come after me, I will tell them that I won't be able to feed my dogs. Screw them anyway, GM stole that money from the taxpayers anyway.
JACK ASS
1700 songs is a small number? What would you call a large number?
"Amen" about taking a peron's kids over songs that can be heard on Youtube and the radio all day long and are worth at most 1.00 per song? Seriously, "Amen"? Are you actually Christians? If so, that comes off as the judgmental types who have no problem with supporting corporations in everything, such as the corporate war in Iraq. "Who cares about all the innocent non-white people dying and caught up in the war, praise Jesus!" Please don't use "Amen" and call yourselves Christians if you have no compassion and are nothing like the Jesus of the Bible, who went off on the money changers in the temple (I'm not trying to say it's right to steal, but please don't be complete corporate tools!).
Yes, she broke a law. Make the punishment fit the crime. Keep in mind a few things -- The person would not have paid for the music, anyway; there's almost no chance she actually made any profit from the downloading; the songs usually cost 1.00 each; the songs can likely be heard for free on Youtube and the radio all day long; the artists, themselves, are almost surely not going to get any money awarded from this suing; no actual physical loss of property has occurred, such as the post alluding to stealing a Corvette; the songs aren't even on a form of media that can be properly sold, such as CD's to a pawn shop or on Ebay, etc...
But pirating the music IS illegal and is worth a punishment. It should just be reasonable to fit the crime properly. Even if her attitude was lame, that should not make the cost 1.5 million dollars. Should everyone who ever did anything wrong or stolen anything be charged 1.5 million dollars for also having ill attitudes?
What are you going to do when they outlaw the kids? how about getting caught with a lightbulb? Ahlla Forbid, What are you going to do when they storm your house, line you family up & shoot them for having a Bible in the House? I hope that is not what you want. America is not the country it once was. We WILL have "papers" in this country. We probably wiill be having millions of American slautered because of their, religions, beliefs & how they were born. Why do you think That Communist China is now called "The Peoples Republic" They know that the cattle will be hearded off cliff by fools who cannot see the comming of a Police State. They have alredy found a 4 yr old girl of criminal neglect for racing a tricycle down the sidewalk. What are they going to do to her? Fine her 1.5M, put her in jail & let the BTK serial killer out. Do you think a firing squad is a just punishment? Hey if you can do the crime, why not.
If I choose to not come to a complete stop at the stop sign I fully expect to get a ticket if I get caught. Difference is that the fines for that are usually written in the law but if I went thru and caused someone else to get into and accident with a witness that it was me and I ran the sign, even though I personally did not get hit the civil suit is NOT limited to the amount a ticket would have charged me.
Now, let us look at an example of the difference between criminal and civil. Criminal they have to prove beyond a reasonable doubt that you did it. civil they only have to prove that there was a possibility that you didi it.
For example: O.J was aquitted in the criminal trail where he was accused of killing his ex-wife. They did not have the evidence to prove beyond a reasonable doubt whether everyone thought he did it or not. BUT her family took him to civil court where they only had to prove that he could have and they were awarded everything including his kids.
While I think that a civil should be required to to prove closer to the requirement of criminal AND not be used to circumvent the double jepardy laws (you can't be tried for the same crime incent more than once) it currently is not the case.
Haha, oh man so many of you are on the way to burying kids up to their necks and stoning them to death. Hilarious, sad, sad people...
you dumb ass
John, you're an idiot.
Take her kids? Go to hell moron. That is ridiculous.
They can charge her all they want, they will get nothing. Way to go making an example of a single mother.
Wow, "take her kids", you are a genius! I imagine we could start a fundraising event where everyone paid a small fee to get your address or phone number. These fine folks could then pelt you non stop with ridiculous comments like the one you just made. We could probably raise enough money in a few hours to pay this woman's outrageous fine and EVERYONE would be happy. Maybe someone should have taken you from your parents and raised you differently, you might possibly have a little more sense. MORON!!!!!!!
you need to shut your mouth about taking someones kids. why dont you go after the mothers that are too busy doing crack for days straight that they forget their children and they starve and die in their cribs than a mother who does what almost every single person does every day by downloading a song. you have some serious moral issues coming from a single mother herself. that punishment does not even FIT the crime what you would do to the children.
 She should have thought of the money to feed the kids BEFORE she committed the crime. Why do people think they have the right to rip other people off? More of the entitlement mentality this government created.
Even the rich and powerful feel entitled. Many feel they should have to pay no taxes at all. Always have always will. Comes natural to some people - rich or poor. No government needed.
everybodysmom: yep, the government made her download the songs and then share them. Why didn't the RIAA sue the government as well? I cannot stand when people say crap to try and be witty.
Anyway, she is responsible for her actions, but I think the damages are way too high.
Illegal alien scum pays no taxes but they receive all kinds of benefits from this country
This women is only guilty of one thing, thats doing what everyone else is doing. The music industry needs to change, its that simple. What a powerplay by the music industry going after a women who probably makes less then 50,000 a year. Last time I checked P diddy wasn't broke.
@TrueAmerican: Illegal alien scum?! Really? She's Native American! Pretty sure the Native Americans were here long before you.
And what the heck have illegal aliens to do with this matter?
I mean I understand an illegal alien probably is doing your wife and u are pissed off, but keep your obsession to the threads relevant to the immigration matter.
Thanks
Funny. It's my understanding that a country's people make up the government. The entitlement mentality you're referring too has grown out of the compliancy and laziness of the '60 and '70 generations. Then they passed it down to their children. As of today our hope lays with our children. Did you know that currently over the last 5 years record breaking numbers of kids are volunteering in their communities? It's a good start...
True American.
I have checked out your posts on other topics. This one has nothing to do with candy assed liberals or illegal aliens, but that seems to be your response to everything, even if it is usually off topic. This one is about a woman who was caught stealing. Caught! Stealing! It isn't a complicated issue. Does the punishment fit the crime? Perhaps not unless you consider that for every one who gets caught, there are countless others who don't. There was nothing in this article to suggest that she was a candy assed liberal, or an illegal alien. BTW, I am a candy assed liberal. Want to stop by for a taste some day? I promise I won't tell your wife.
I sure hope you're not teaching your kids your idiocy, everybodysmom...
LOL @ Rezsia... And I quote, " The entitlement mentality you're referring too has grown out of the compliancy and laziness of the '60 and '70 generations."
I believe the word you were looking for is COMPLACENCY, which you would have properly used if you were not, yourself in fact, complacent. Try dictionary.com next time...
@HybridSnake... Rezsia could have been trying to say that the 60's and 70's generations were "compliant" in being lazy. Maybe someone requested that these generations be lazy and they were "complying" with that request. I agree with you Snake, complacency is a terrible thing. So is illiteracy, which is why becoming complacent in your studies, Rezsia, is unacceptable. Dictionary.com is indeed a wonderful resource. Spell check might help Rezsia also. Snake, you are a funny individual. LMAO!!
You people need to quit @!$%#ing bitching, god damn.
@Inm8guard and @HybridSnake - Thanks for both of your critiques, but this is a discussion board. If you do not have anything to add to the topic of discussion then why do you even post?
reszia, while I agree that having a new generation of volunteers is a good start, the "topic of discussion" was an obscene and ridiculous judgement for a lady using a program that not only downloaded copyrighted music, but also made it available to others. Nothing like criticizing people for being off-topic, when you are off topic yourself, hmm?
it's doubtful that the person even knew that her computer made those songs available.
If somebody copy my @!$%#, I'm cutting their ass!
lol!!
LOL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
See! Carly be knowing!
Sure you will... NOT!
Say What! Sit your Twister Ass Down!
Nope and you can't to anything about it... pfffttttt.
"If somebody copy my @!$%#, I'm cutting their ass!" (Copied AND pasted!)
Oooooh, I'm trembling with fear!! Btw, I sleep with the window open... I'll be waiting for your visit. ROFLMAO
This ruling is absurd. She should just be fined $2,500 and that would be the end of it.
My guess is that a $2500 fine is just as big this lady as $1.5 million -- she won't/can't pay either amount.
no, you don't understand. This ruling was to teach a lesson on pirating over the airways. I'm sure you wouldn't say what you said if you were the victim. You can not justify the crime being committed by this single mother!
I think she should pay 1.00 per song + all the legal fees for everyone involved. She did break the law.
They offered to settle for $5ooo but she refused. Now she's complaining that the settlement is too much. Should've taken what was offered!
would have been a good idea, but she probably would have declined that too. Since she decided to take it to court however, they now have to pay the lawyers involved and I'm sure it cost more than $5000 just for the lawyers
Yep, she should have settled... but that would have limited her fifteen minutes of fame.
Her first fine was $5000.00. She choose to appeal that instead of making payments. She pirated and shared 1700 songs!!
The $2,500 dollar fine sounds more fitting to the crime. I agree that she should have to pay more than the $1.00 iTunes charges otherwise she isn't paying the consequences. Why are they wasting their time taking this to court anyway? She has openly stated she would file bankruptcy if she has to. The debt will be forgiven anyway. I think what would be more appropriate is to have to pay a small fine and by speaking at middle schools and high schools about why this is wrong. I personally have had to pay over and over again for songs I really like because the record, cassette, cd, dvd or any other format eventually gets worn out or they change the format of how it is distributed.
The entertainment industry is making lots of money on that, but they are losing money on the things that are truly pirated and reproduced multiple times so that someone else can sell them and make money off of it. Let's go after those who sell the items that are reproduced. No one should have to pay a fine for sharing a cd, movie or book. That is free advertising for the industry.
1700 songs... I most definitely do not feel sorry for her, not one tiny bit. I say she goes to prison--and sooner rather than later, that way her children have a chance to be influenced by someone with some character and sense of responsibility.
There was originally a settlement offer of $5,000 but she chose to go to court. I'm sure if she'd taken the original offer, they would have allowed her to make payments. But I can't imagine any normal person being able to EVER pay $1.5 million.
She should pay 1.00 per song PLUS a fine on each song. Otherwise, every legal downloader will start downloading illegally. If there's no penalty, why not?
Jeff :she is teaching her kids not to follow laws that are obtuse and morally retarded which in my opinion is a good thing.
Sj23: the radio may have paid for the right to play the songs but they didnt pay for the right of you recording them. so there is NO difference from recording off the radio and downloading off the internet.
Vikki how does $5,000 turn into $1,500,000 legitimately???
"no, you don't understand. This ruling was to teach a lesson on pirating over the airways. I'm sure you wouldn't say what you said if you were the victim. You can not justify the crime being committed by this single mother!"
Have you ever thought about it from the perspective of one of your family members being in the place of this woman? If so, I'm sure you wouldn't say what you said in that situation. It's not about justifying the crime but rather justifying the insanely disproportionate and unrealistic amount of compensation being sought and a person and her family's life being utterly ruined over the matter.
The punishment should fit the crime, and if you've ever done anything illegal, you probably would want to be shown a bit of mercy rather than have your entire life ruined even if you had a faily lame attitude at the time.
Her life would not have been ruined if she did not UPLOAD 1700 songs for others to steal. Her life would not have been ruined if she would have accepted the $5,000 settlement demand.
I seriously doubt the RIAA is out for a pound of flesh. It has made its point, and would probably still accept a modest settlement, especially now that it has this headline. So, her life would not be ruined if she scrapes together whatever excess cash she can beg or borrow.
Maybe she can sue her lawyers for malpractice and assign her claim against them to the RIAA. Maybe all of you who are so sympathetic to her can send $1 or $10 or $100 to help her out. She isn't getting any of my money or sympathy.
Why don't they take their songs off the internet and then no one can steal them. They know what people do when their songs are on these sites. Why not make it a membership to enter a site to download music and then they will know exactly who downloads and how much.
Unconstitutional I agree....Who has that kind of money??... How many others have downloaded music and have never got caught.. Child Molesters, Child Abusers, Muderers get off with Less...
Hooray for your comment, it's unbelievable sometimes what people who hurt others, especially children and the elderly, get away with such little consequence.
It is amazing how our justice system works. The less you do the more you pay, the more you do the less you pay, how fair is that. There are so many people that download music, how many other users used the program she did? Are they all in court? Are they all being sued?
So Biddey,
Seeing as you are are a constitutional expert and all, would you mind sharing just which amendment of the constitution this violates? Ya know...for all of our benefit
I know I would argue the Due Process Clause, that was how the punitive damages were reduced in the Exxon case. There are separation of powers issues here, though - Congress gave the courts the ability to award certain amounts of statutory damages.
As noted in my numerous posts above, I have zero sympathy for this woman, so that may be tainting my analysis, but I think she is likely going to have a tough time persuading the 6th Cir., and especially the Supreme Court, that the award should be reduced.
Just my two cents. 97 more and I can buy a song on iTunes.
Pardon me - I meant the 8th Cir.
Amount of money has nothing to do with it. If the Courts say it's legal then it's Constitutional for now.
Why doesn't she just end it and file for bankruptcy now? Why keep going through this and pulling your kids into it.
They should just pull all this music off the internet if these people think they can charge this kind of fine. Or change the law as with any other thing on the internet if it's there it belongs to the community. It is no different when a person picks out a paragraph in a story and posts it in another location. Just as your opinion here can be repeated anywhere. Worry about your copyright laws in China.
If it's such a crime forget the excessive fines and give her 90 days in jail.
She broke the law, period. Her attempt to hide behind her children is disgraceful! The fine is excessive, but she needs to realize that you cannot steal and that is what she did.
As the saying goes, if you're going to do the crime, better be ready to do the time.
Think maybe $10,000 or $50,000 would have gotten that point across? No one will ever collect that kind of money. The idea is "scare" others - and - it will probably work.
It would be a better scare tactic if the amount were scary yet reasonable. She is going to file bankruptcy and never have to pay a dime of the money.. and once she does that it will be in the papers, and all over the news. Then when someone downloads another song they won't worry about the astronomical fine they may be charged if THEY (1 out of a billion) are caught because they know bankruptcy is the key and an option.
Bankruptcy isn't new. What do you think all those who couldn't pay off their subprime loans did? It's long been a way to get out of responsibilities.
Bankruptcy laws are the most unfair counter productive laws we have in this country. For the most part, they are only useful to and protective of criminals. The fact of the matter is, if the fine was $100 this woman would still refuse to pay and/or probably still also file for bankruptcy
Read the article again. SHE REFUSED to pay lower fines in earlier courts and out of court settlements. SHE is taking up the court and attorny times and costs. SHE is chosing to continue to go back to court. What SHE expects is the jury to say "It's ok dear, you should get whatever you want for free."
What? They dont have anything better to crack down on?
Yeah I know, I hate it when they start busting people for theft.
Well, gee, I guess maybe the music industry should crack down on ...illegal dumping? maybe spitting on the sidewalk? Music copyright infringement is the music business's BUSINESS!
you don't want something ripped off don't put it on internet
Ok, Ive been reading these posts and just can't imagine that anyone thinks she should or could pay that amount. I think the case itself has made a statement, why go so overboard in the damages. As far as the music industry, Isnt it well known that the record companies, managers, accountants steal way more from the artists than anyone could ever imagine? This is just ridiculous! Do you know that people found in possession of drugs, and people responsible for assault are only fined sometimes 50-500 dollars? NOT thousands, millions; and these are crimes that actually physically hurt others! I just don't understand some peoples thinking.
OK I have to agree with both sides on this. Yes she broke the law, yes the amount is completely ridiculous. But JacCanada has the main point here... If you don't want something copied don't put it on the net... Just like a nude photo of yourself... Would you put it out there for everyone to download for free if you could not put it out there and charge for it...
And yes I bet money I was one of the biggest "thieves" growing up, Because as a child I cannot remember a day after age 10 that I was not dubbing a cassette or 20... and I had the setup so all my friends wanted copies normally...
Everyone has broken a law... I dont care how good you are, with this government it is impossible to live without breaking laws... Did you know that in some cities across the country it is still ILLEGAL FOR A MAN TO SHAVE DURING DAYLIGHT HOURS!!! because 150 yrs ago it was considered rude to stand on your porch and shave...
So to all of those judging her about stealing, st fu and realize we are all breaking the law all the time but they should not be able to go to extreme like this(do you wanna be an example next time you cross outside the line of a crosswalk)
And to all of you saying $1 a song and feeling sorry for her, Yes i sympathize over the amount but bottom line is she got caught and should have just walked out paying the $5000... So the amount now(no matter how ridiculous) is no ones fault but her own..
umm, if it is on Kazaa the recording industry DIDN'T put it on the internet. Someone else did from a hardcopy (cd etc.). Most places where the industry put it on the internet they have it set up to not allow you to copy the song off or to limit how many times you can copy it after you download it. They also use counters to make sure everyone who is supposed to be paid a share for each download gets it.
No justice.
I think if your a mom...and took the time to think about what that means before you jumped into bed, maybe feeding your kids would come before downloading music. Just a sign of the times. But what do I know?
If you're really asking, then you know nothing. If you're asking what it is you think you know, well then, I'm sure you think you know everything there is to know.
Think about it.
Well, obviously you don't know how to spell--"if your a mom"? really?
Slontone, your a moron.
Absolutely ridiculous!!! Are these jurors idiots? Has this world gone mad? Slap her wrist, give her community service, no better yet, go ahead & ruin her life for downloading music. unfathonable, idiotic, stupid....typical!
Note that the RIAA originally offered to settle for $5000; she refused. They agreed--after a jury awarded them far more--to settle for $25,000; she refused that, too.
oh wow, the fines are stupid, and as a single mom myself im not sure why the fine is so high, but community service should be enough. Everyone is so worried about making a buck! what happen to being able to listen to music. What happen if u recorded music off the radio? will u be thrown in jail? i mean really....now if ur downloading and selling well thats different. thats all i have to say
Thank you, really?...I was beginning to think that no one read this article beyond the headline. So paying the fine will take food, clothing and a roof over their heads from her kids. Maybe she should have settled for the $5G, agreed on a payment plan she could afford ...instead she is paying a lawyer the money that could be feeding her kids (or she could be using to pay off the fine), unless, of course, she has a court ordered attorney, in which case we are paying the lawyer. I think everybody should have been aware that downloading and sharing music was illegal. She should have paid for the music. She wouldn't be in this position if she had. At some point, we need to start enforcing personal responsibility again, instead of paying off the lawyers.
That's what's wrong with people today. A wrist slap doesn't bother anyone anymore. They walk away and laugh behind the scenes and say "I got away with it". A wrist slap is being too passive and no one learns anything. This is why morals have taken a dive. If no one's held accountable then this will continue. I agree it's high but I can't believe she outright refused to be accountable at all. That's like a 3 year old throwing a tantrum. As far as there being more serious offenses, well if people aren't held accountable for the small things then they think they can get away with anything. A crime is a crime.
It's the same greedy grab-ass attitude that motivates credit card companies to raise interest rates on their cards for no reason other than that they just want more of your hard-earned money. We work for the money and they sit up in glass towers finagling ways to get it out of our wallets. Shame on the greedy bastards. Look at the Grateful Dead--they have never tried to keep fans from recording and sharing their music and they seem to have profited nicely despite that philosophy. You know, you get what you give. And karma is a bitch.
Ventana-The credit card companies can't take your hard-earned money if you don't carry a balance. Read the credit agreement. If you don't like it, don't apply for the credit card. If they raise your rates, pay off your balance and cancel the card.
I know that some people turn to credit because they lose their jobs, have medical emergencies, etc., and I feel for them. But far too many people use credit to avoid living within their means, and then they get upset when they actually have to pay the bills.
Yes, Grateful Dead does allow their music to be given away. THEY own the copywrites and they have paid everyone else for thier efforts. The owners are not required to charge anything if they don't want to except they are required to pay the companies that make copies for them to sell. I have no doubt though that Grateful Dead WOULD come after you if you made a bunch of copies and SOLD them. The selling of their works by you may not be part of the agreement they made to the public.
You are even allowed to not charge someone to have your house instead of selling it except for the costs of the title transfer IF the house is totally in your name free and clear.
Limewire is under a Federal Injunction to CEASE AND DESIST ALL IT'S INTERNET SHARING PROTOCOL for this EXACT SAME THING (because when you just even LISTEN to music, their sharing protocol automatically downloads the music or video or image onto your computer media player/playlists, and YouTube is pending a Federal Investigation for the same... INTERNET "PAY-PER-VIEW" ONLY is on the horrizon, folks... No more watching "I Love Lucy" for free anymore. There is also a Special Interest Group lobbying Congress to shut down Free-Air Television, also because of this kind of CORPORATE GREED...) And THAT'S EXACTLY what it all boils down to folks - REPUBLICANS!!!
OK. Let's get something straight. This is a civil case. Community service and jail time are not on the table here, folks. This is one party suing another party for the harm that the other party caused to the suing party. The award is either a) monetary damages or b) injunctive relief. That's all folks.
Respect other people's property or pay - that's what this all boils down to. It's pretty bad when a lefty like me has to defend other people's property rights and defend the virtues of capitalism. This one seems pretty cut and dry to me, especially since the large amounts were awarded by three different juries.
these music artists are hurting so bad that they can only afford to buy 5 or 6 houses at 2or3 million a peace instead of 10 or 12 houses at 5 to 6 million a peace and out of all the people who download songs from those sites they pick a single mom with kids to rake over the hot coals
First time, ok, second time well..., third time pay the fine, I am sure the attorneys did not volunteer.
I was thinking the same thing. Hell she should have taken the first settlement. By the time it is done she is going to have paid more in legal fees.
Sure kills my appetite for music.
Maybe for the next year we should all boycott the record companies- let them feel our wrath. This is outrageously stupid and unfair. It is MUSIC not the secret to Life!
Disco lives!
Hey, minnie, if they can't make money doing it they won't do it! So go make your own music. And then give it to everyone who wants it for free.
A fine is reasonable, a $1.5 million fine is not. She didn't murder anyone or bilk investers out of millions. Tens of thousands would have been more than enough to get the message across.
I enjoy listening to music but I don't enjoy the cost of Cd's. I can turn my radio on, my direct TV, even youtubeand all that is not illegal. I think it is sad how much money they make off of one song. I work my butt off everyday helping insure people have medical coverage so they can get the medical care they need and in my life time I will never make as much as some one does off one song. Maybe the music companies should look at the little people that have gotten them to where they are today, with out us they wouldn't have jobs. I agree they should be able to make a living and earnings for what they do but the amount of money they make is unreal and ridiculous. People who think she deserves to pay that amount need to stop and think how many times have I borrowed a friends cd, or dvd? oh wait but thats not illegal. It's so quick to judge without looking in the mirror.
Actually I think youtube pays a license fee for every copywritten song and video viewed or else they would be sued also. every one of those files you see has a counter on how many times it have been viewed so they can pay the appropriate royalties. In otherwords they are covering both their behinds AND those that choose to share the files. I do not remember if you can actually download from youtube.
toutube doesn't pay any license fees, if a copyright holder complains, then the video is pulled.
this is totally bogus, the woman didnt profit from the downloads or make a buisness out of them. They should go after the dj's who download them for their job !
makes me wanna go through a proxy and download millions of songs to piss them off
She stole music. She stole someone else's work.
DJs are The Ones who put the music out there in front of the people who go out and BUY IT. This statement is absolutely STUPID! DJs used to be GIVEN the music Directly from the Record Companies to promote the sales of that music to everyone the DJ plays it for. Don't Be An IDIOT, Please.
So pay the $120.00 fine and be done with it all the way around!
Yes Laura... she stole their work. And what about all the millions of people who record an NFL football game with the DVR that their cable company supplied to them and without the express written consent of the National Football League?
Let's be serious here for a moment. She stole SONGS! SONGS PEOPLE! She didn't commit a heinous murder, rape, she didn't use taxpayer's money for prostitutes, or commit mass murder. She stoles 24 SONGS! That's it! 1.5 million for 24 SONGS?! Give me a break.
I agree that musicians work hard and should be compensated for their work. I also agree that she knowingly stole the music. But, does the RIAA want us to believe that the 1.5 mil will go to the song writers and artists that were wronged? Probably going to pay their CEO.
FFandPround... yep, you nailed that one! The poor CEOs of the music industry have to have the bonuses.
I feel the same way. Sad thing is how many of us could do this and not get caught. I would be curious to see. I think if 100 people from all over downloaded songs only about 1/4 of them would be caught if that even, and yet here we are asking someone to pay some ridiculous amount, are you for real. One other things, she downloaded 1,700 song why is she only paying for 24 of them? Can any one make any frigging sense of this?
You think that the cable company does not pay nfl for you to have the priviledge (that is correct, it is a priviledge, not a right) to record the game on your dvr? Way back when the cassette and video recorder came out (most people did NOT have reel-to-reel or 8-track recorders) what came out from that lawsuit was that part of what you paid to buy that blank tape went into a fund that was split between the music and film studios to cover possible royalty fees. As the mediums held very little it did not add a lot. now we have computers that can have terrabytes of hard drive space. Would you like it if they added the equivalent % to the cost to buy your hard drive and to your internet?
I happen to be a disc jockey and yes i do make money from the music industry. I also happen to pay dearly for the subscriptions to different music sites and companies (not only do I download some music I still get hardcopies from companies like Promo Only). I pay for this privilage and the music industry profits from me. it is a win win situation for everyone. The hard copies i get from promo only Cannot be resold to anyone except another PROFESSIONAL disc jockey. That is the law. so don't put DJ's and Radio Stations in this conversation. If I were to sell my CD's on e-bay or at a yard sale I could be fined up to $10,000 per song, thats up to $200,000 per CD. you do the math on that one.
Michigan DJ
I had a lot of friends who worked for radio stations (some still do) plus my sister has and does work for radio stations. Plus with my love of music and books I do try to keep up on the copyright laws.
She didn't steal anything. Ideas are infinitely reproducible and therefore are not scarce and cannot be considered property.
"...Ideas are infinitely reproducible..."
Then why did she take someone else's ideas when she knew it was illegal, and she'd been asked not to (as have you) instead of producing her own ideas?
Because some things people create with their minds are better than others, and people will pay for them, while other things no one wants to pay for...yeah I think that's it.
Nate...She was convicted by a jury of her peers three times. She is a thief. She should be sentenced to hard labor to pay back the debt.
txmom, she wasn't "convicted" of anything, this was a CIVIL LAWSUIT not a criminal case.
and most lawsuits usually go to the most highly paid lawyers. (IE corporate), and when that doesn't work, the corporations go to congress to get the laws changed in their favor. but that is the "texas way" , isn't it?
let companies steal from p[eople and call it "good business", and if someone steals a candy bar, they should get life in prison orr the death penalty.
sure sounds like a texan to me.
danwill...."three trials" and accessed damages in each trial. This woman's gaul to even turn down a reasonable deal because she just chooses not to pay damages of her actions.. She is a dirt bag and one that is raising children no less.
She made a remark that she couldn't pay the fine and feed her children too. It would be interesting to know what sorts of public assistance she is abusing.
So what does that have to do with Texas or any other state?
sounds like rush and beck style, elitist, personal attacks to me, "if they are struggling, then they must be scum". clearly, the far right worships only money and have no qualms about throwing innocent and hard-working people on the street, even loyal employees if it will make them a buck. then they cry that you should blame the victim of their greed.
bullspit
she could be working three jobs for all you know and just barely making ends meet without a lick of "public assistance", and she still wouldn't have five grand to pay the "settlement offer" so "generously offered" by the thugs of the RIAA, why don't they just send their mob buddies instead?
and Texas is the wonderful state that decided that contractors" couldn't sue the the company that "contracted" their services if they were injured, even if it was fully the companies fault. what is happening? the companies are laying off their loyal employees and offering to use thwm as "contractors" so they can avoid all responsibility.
and idiots like yourself cheer tham on as "hard-working and deserving", when the only thing they are working hard at is more creative ways to screw everyone else at all costs. screw morality and ethics as long as it makes a buck.
bullspit again.
my real complaint though is that as a criminal problem (theft) then it should be treated as such. but that wouldn't be "worth the record companies while" so instead, they decide to go on a big, well-publicized series of show-trial lawsuits, show-trials worthy of the soviet union in stalins heydey.
I've never said that it was OK to download music and software without paying for it (unless it was offered for free from the author), I said that the record companies only have themselves to blame for failing to adapt to changing times
The reason she was charged so much per song was because she shared each of those songs with thousands of people. She should of thought of the possible repercussions (i.e. not being able to feed her children) before she ILLEGALLY shared copyrighted material. Where has our morality gone? And plus, they have to make an example of somebody or it will never end and the music industry will go down the tubes as more and more people steal music.
Really?
Prove it, oh the RIAA can't. Well there goes your theory then.
What horse poop.
The court should have kept with the first ruling. We had to spend more tax dollars for this crap.
The record industry is making plenty of money. They all drive Bentley's and have gaudy jewelry and big houses. They'll always be around as long as young talent comes to them to record.
And they steal from the talented artists who make them the big bucks. The price of CD's is too high. Think of what a Stones record used to cost and now look at the price. And the artists aren't hurting either, just look at their ticket prices.
Rome fell due to greed...the US is headed in the same direction
Are most of you people stupid? A person who robs a bank for millions of dollars gets put in jail and if they can find it they take the money back, if not its yours when you get out. A woman downloads 24 songs and gets charged over $63,000 per song.....ridiculous. Yes she broke the law and yes she shouldn't have done it but the punishment should fit the crime and in this case $1.5 million is stupid!!
Stupido wrote "A woman downloads 24 songs and gets charged over $63,000 per song.....ridiculous."
Read up in case you have not been following for years. The Single Mom was a server for over a thousand songs to millions of users. Effectively, she was an illegal distributor. It's one thing to download/steal a song. It's another to provide them to others for years.
Phinter66 wrote "The price of CD's is too high. Think of what a Stones record used to cost and now look at the price."
The price of a CD has probably kept up with inflation. "Stones" records and tapes wear out after use. CDs will keep their quality for a long time, and very accurate copies can be made for personal use under the Home Recording Act.
Vincent Denali wrote "The price of a CD has probably kept up with inflation."
Probably?? don't you know??
Hey Vincent, don't write about things you don't understand. The cost of making a CD is far less than an LP or tape. They did not keep with inflation they have always been overpriced. How else can you find some dealers selling a CD for $19.99 and others selling the same CD for $3.99.
the cost to BUY a blank cd is less but the cost to manufacture the recordings AND get them to the market has gone up do to the increasing costs of fuel, wages, electricity, etc. If I remember right what I am paying for a cd today is little more than I paid for vinyl in the 70's.
Ridiculous verdict. Let's go after a single mom. LIke anyone is ever going to see any money at all. What's the point?
Your right, single moms are above the law.
Darn straight. Not only are they above the law but they can teach that to their kids. Heck if you are the CHILD of a single MOM, you are above the law also. Darn it must suck to have two parents because not only are they not above the law but you are not also.
No wonder so many of our Politicians think they are above the law- after all they are all bastards.
SingleMom sympathy is passe. There was a time when abandonment or death of a father was a tragic event. In 2008, 40% of children were born out of wedlock. Today, booting a father out of the house by police restraint or divorce is the modern American female's coming of age event. You Go Girl ! And be a music file distributor while you're at it!
What the HELL is wrong with you. I don't agree with stealing anything. But if we commit a crime we are punished as it should be. But I have a problem when the punishment doesn't fit the crime and here is were it is WRONG. She should be punished for her crime I don't see where there is a crime here. Don't encourage someone to who may or even has commited a crime. You and your family might just be the one that is hurt by crime, will you then say (you go girl) I wonder.
If someone goes to Target and steals a CD worth $12 for 15 songs, they get a slap on the hand and are fined. This ruling is not only asinine, but it in no way falls under the punishment fitting the crime.
This is our justice system at work people... with the questionable term being justice.
They offered to settle for $5000. She wouldn't.
Really... really? WOW! $5000 for 2 Cd's in essence. Let me say that again if you didn't get it the first time... $5000 FOR 2 CD'S!
Obviously what we have here is a major disconnect between people and what is fair and just. If you believe $5000 for 24 songs is perfectly reasonable, when small claims court settles suits equivalent to this every-single-day for way more valuable things than songs and at a fraction of the cost, then people like yourself really are fuel to this stupidity.
shonymat
try doing that 1700 times. They only charged her with 24. So trying stealing from Target 24 times.
What people don't seem to realize is that not only did she download this music for her personal use, but she was sharing it with others online. So no, Shonymat, it wasn't the profit from 2 CDs that the record companies were losing - it was the profit from 2 CDs times the hundreds of other people who downloaded from her files. $5000 sounds pretty fair to me.
Shony,
Only 1 problem with your analogy, she didn't steal just 1 time, she stole 1700 times. After being caught shoplifting a dozen times, you move out of the realm of "slap on the wrists", and I am pretty sure by the time you have 100 shoplifting convictions you start looking at some serious jail time. The recording company has done everything in their power to try to make it fair for this woman, but she chose to take it to court and gamble...well she lost that gamble. Look at how generous the RIAA has been:
- Reduced potential counts from 1700 to 24: reduction in minimum potential fine from nearly $1.3 million to $18,000 (minimum award is $750 per count)
- Offered initial settlement of $5,000 vs. minimum of $18,000: she refused
- 1st jury award was $222,000: judgement vacated as a result of questionable instructions
- 2nd jury award was $1.92 million: judge actually stepped in and reduced award to $54,000 and then RIAA was willing to settle for $25,000...she again refused
- 3rd jury awarded $1.5 million: appeal pending
Seriously, the RIAA has gone out of its way to be compassionate. She STOLE 1700 songs because she couldn't afford to legally purchase them. That the RIAA only pursued 24 of the stolen songs and even then were willing to accept settlement for less than a third the minimum fine shows they wanted to make an example of her while not destroying her life. She, however, thought she could get out of it in court and has lost (3 times). To me, her complaints are no different than any criminal complaining after conviction at trial about now facing a minimum 25 year term in prison after refusing a plea deal with a 10-15 year term.
Listen. Obviously everyone in support of this judgment and who believe that the above quote is constitutional and crosses no bounds of "justice" being served are not going to be swayed by my little exercise in explaining that these amounts (no matter how many songs) are unreasonable.
The facts are... they sought compensation for 24 songs... not 1700... 24. She was found guilty, and now she must pay $1.5 MILLION back for TWENTY-FOUR songs. If you believe this to be fair, then I am trying to explain this to imbecile's.
I have a lot to tell the greedy bastards that even took her to court, you have to be kidding me, $1.5million for downloading music. Lets face the facts, do they really think she will pay that off in her life time, she probably wouldn't even be able to pay a tenth of that off. There for those corporate bastards still LOSE, yes, we all download illegally but are we really the ones to blame? I think NOT, I think they should blame the people that allow these cite to even be created, which are the people that actually have $1.5million to hand over. Don't forget about the companies that created the CD/DVD burnners. Did they really not think people would try to put music and movies on these discs and try to sell them? C'mon. All I think it is, is the corporate bastards are now mad because their innovation is coming back to bite them in the ass. I feel for this woman, this amount is retarded, even $5,000 is unrealistic for this unless she download 5,000 tracks then I would understand. I think they should only sue her for 99cents a track, which is the going rate for a legal online copy (iTunes, Napster,Zune ect.). All I think this is, is those dumb corporate bastards trying to see what they can get away with. Its us against them, they are going to lose regardless......
Federal law penalties in this I think (don't know for sure though) are only in case the case goes to federal criminal trial. The way I read this it went to a CIVIL trial at her request thinking she could get out of paying that Federal penalty. Most civil cases the jury decides the penalty and it is a gamble on both sides which way they are going to go. In civil court though they only have to prove that you most likely did it. They do NOT have to prove beyond a reasonable doubt.
You are wrong on all counts David. That is for civil statutory damages if the jury finds the infringement was willful, which three juries did. Also, you don't get to request a civil versus a criminal trial. In one (criminal), the State (aka the govt) is bringing the action. The other is initiated by a private party. If you could request a civil trial instead of a criminal one, I am sure OJ would have just gone straight to the civil one so he wouldn't have to risk doing jail time.
Finally, for willfulness, the standard is usually "clear and convincing" - something more than a mere preponderance and less than a reasonable doubt.
ummm, OJ LOST the civil trial BIG time even after he was ACQUITTED on the criminal trial.
Ok Shony...so they only went after the 24 songs that she shared the most out of the 1700 she stole in the first place. She placed those songs on a server where they could be freely accessed. Since there are approximately 1.4-1.8 billion individuals with internet accounts in 2010 (according to the CIA and ClickZ), that would be the potential for 33.6-43.2 billion illegal downloads as a result of her actions. That puts potential damages at up to $43 billion. If less than 0.1% of individuals with internet accounts downloaded just 1 of the songs, that's lost revenue of $1.4 million. If only 0.01% (that's only 140,000 hits) downloaded just 12 of the songs, thats over $1.6 million in lost revenue. The fines don't seem so "outrageous" when you consider the potential damage this woman caused.
Shonymat(?)
What world do you live in: obviously not the real world! You take 1,700 downloads and run it by 100 people, then they run it by 100 people and those people run it by another 100 and how many is that? It's 170,000,000,000 people, is how many!! Now multiply that times $.99 and what do you get? It doesn't matter than she didn't "charge" the people! That's a whole whopping lot of money lost to whoever wants to claim the loss!! Now, even bankrobbers don't make that sort of loot! Bernie Madoff, maybe, but it took him several years to come up with his 'amount' of change! A thief is a thief is a thief, no matter how you clean them up, dress them up and present them in court! It doesn't matter whether the stolen amount was $100 or One hundred million, it is still theft!
Something my deceased mother told me in childhood, and many other times, has stuck with me all my life, she said, "If you will lie, you will steal. There is no difference between a lie and a theft as they are both thefts; one is a theft of the truth, and the other of a tangible object." Even though, the theft occurred online, it was still a tangible object.
She has NO regard for the law, when she tells the court that she will simply declare bankruptcy if she has to pay the award. This one statement alone tells us of the character of this woman, the way she will bring her children up, and how she deals with life. This is a woman I would NOT want for a friend, nor her children to be friends with my grandchildren (my own children are grown).
If the object of her appeals is to simply fluff it off, then her children are so much poorer for it. If this is the lesson she plans to teach them, and I pity the children who will learn, from their mother, that stealing is fine as long as you don't get caught!! It will be us, the taxpayers, who will wind up having to pay her court costs, attorney fees, and most likely, her welfare payments. There is no way she had time for all these court appearances and work, too!!
the amount is ludicrous. What are they trying to do collect from her for every sob who downloads illegally?
I think you've mis-understood who awarded the fine. It was the jury that determined the amount not RIAA. RIAA tried to settle this thing early on for a small amount of money.
PAY UP!!!!! Done crime pay the fine
It's really tiresome to hear people defend their behavior by using the fact they have children. Oh, I have three children, so I needed the bank's money. That's why I robbed them. Oh, I have two children, so that's why I stole from my job.
Get another defense, woman. That one has been overused and doesn't work anymore. Don't have children, it's not mandatory!
Eat @!$%# @!$%#...they are @!$%#ing songs.
Sounds like obamas reasoning.
No...sound like Bushes reasoning.
kars-
right you are- Can't afford to support children?- Don't have then until and unless you can support them. Reproducing should not be considered a right.
I'm wagering each one of her kids has a different father-
was wondering when someone would throw his name in there.
Kars....maybe someone should have said the same thing to your mom BEFORE she had you! You are an idiot.
Wow!! That was harsh. Making assumptions about people. You dont know that!!
Pmark I wonder who your father was maybe a jackass?
Hate is when you blame every problem on the one you hate. U should change your name to Patriotic Hater. Stop letting President Obama consume your life
Kars
you are an IDIOT!!!! I am sure that if this was you you would be trying to come up with any excuse possible to get your dumb a** out of trouble. people are out of work, losing their homes, their jobs, and cannot even put food on the table. i understand that what she did was illegal but 1.5 million for 24 songs or 1700 songs is Ridiculous and shes not trying to use her children as an excuse they are there they do "exist" and they need to be taken care of and fed i am sure the big record companies and rocks stars who have more money they they know what do with are not starving. I think that they should stop going after the "little guy" and go after the people who make is so easy for the songs to be illegally downloaded and shared. I think that they make it so easy on purpose because this is one more way for the rich to take money from the people who are struggling to get by. you people should be ashamed of yourselves.
She should have thought about her kids BEFORE she did it. Tough luck.
If she wanted to give away free music she should've started a band.
I think that she should have thought about this when she downloaded the songs. Now she still has to feed her children AND pay a fine. If she gets away with this then everyone should be able to.
"everyone" already does do it! and quite frankly has been 'doing it' and getting away with it for years upon years. with and without children. imo opinion anyone who does this occasionally is a 'worst offender'. imo she has a discrimination lawsuit if she is smart. do it one time, and you've broken the law. do it a thousand times and you've still broken the same law. you can't be tried a thousand times for the same offense. where is the justice?
Rev.C
You are wrong. I do not know one person that has ever downloaded illegal music. You can't use the everybody defense.
Rev. C, someone who has illegally downloaded close to 2,000 songs is not downloading "occasionally". She may have only been sued for 24 songs, but according to the article she's downloaded over 1,700 songs - AND shared those songs on Kazaa. I'd call that a serious repeat offender.
Hey Rev...
You can be tried for the same offense as many times as you committed it. If you steal 15 items (or 24 or 1700), you CAN be charged with 15 counts of theft. However, since the penalty for theft varies based on the value of the item stolen, by combining the multiple counts to a single count for the total value of the items stolen, you might increase the level of the penalty. She is just lucky that she didn't steal physical items because she would be looking at jail time for grand theft instead of just civil fines for copyright infringement.
Rev C., by your reasoning then if a person commits numerous murders that person should only be tried for one and back out on the streets in 15-25...come on! A crime is a crime.
Pmark
I am wagering you don’t even KNOW who YOUR father is
Greedy Bastards! and a stupid jury.
That's jurys as in three.
I think she is the stupid one since they originally offered to settle for $5,000 but she refused.
$5.000 was too high. If I buy a cd, I should be able to burn a copy for a friend. It becomes my CD. If I rip a CD and let others listen to it or put it on my wife's zune, is it a crime?
According to the RIAA, yes it is a crime...
it's a crime to not buy the music (download it illegally) and then distribute the music illegally to thousands of people.
if you buy a CD you can burn a copy for your buddy.
if you burn a copy for thousands of your buddies, you can expect to get sued.
this woman never paid for the music ($1.00), then distributed illegally to thousands of people ($1,000.00's), some of those people probably did the same ($1,000.00's more), on and on.
the $1.00 she didn't pay turned into countless thousands. the file sharing sites didn't do anything illegal.
she took advatage of what they provide.
she is the type of person that ruins a good thing for everyone by being an jerk.
Actually the letting your wife put it on her zune is a grey area. You can burn a copy for a backup but if you loan, give away or sell the original the backup is supposed to be destroyed or go with the original
Outrageous. As always corporate greed is upheld by the judiciary. Why not give her a realistic fine- why try to ruin the lives of not just herself but her family, as well? Crazy.
You dam rite it outrageous! Stop robing a working poor people and familys and children, are you a total gridy corporate M.F.
They gave her a realistic fine of $5,000 but she refused. Then they offered $25,000 but she refused again. So the only outrageous thing here is that she wanted no punishment and wouldn't accept a realistic fine.
I agree! It was her niggardliness that got her so far into this. I say if she can't pay why not remove one of her fingers, hands, eyeballs or even better, tar and feather her.
A realistic fine? She stole 1700 songs!! The RIAA was already more than generous to only pursue copyright infringement on 24 songs cutting her potential minimum fine from almost $1.3 million to $18,000, and then they offered her a settlement of $5000!! Her original "fine" would have been valued at only $2.94 per song stolen (based on all 1700 she stole and not just the 24 the RIAA chose to actively pursue). She has been fined $222,000, $1.92 million, and now $1.5 million by THIRTY-SIX different people. THREE juries of her peers have chosen each time to award the RIAA damages well above the minimum ($750 per song or $18,000), but still well below the maximum (which can be $150,000 per song or $3.6 million). She decided to risk going to court, now she needs to pay the penalty.
Where does it say she stole 1700 songs. She could have bought some CD's(not all) and ripped them
MillerNation, the article clearly states she illegally downloaded 1700 songs but she was charged with only 24 counts.
Obviously, she committed a crime. Obviously, there were victims. Obviously, the victims are entitled to compensation.
The question is, what exactly was the crime and what is considered reasonable compensation? If someone steals a 24 Snickers Bar does the Mars corporation seek damages of up to $18,000 per candy bar? There has to be a balance between charging the offender $1.00 per song (the actual price charged per song on iTunes) and a ridiculous $1.5 million.
Obviously, RIAA is trying to make an example out of this particular violator. Perhaps, lawmakers should consider making this type of crime a Federal crime (covering local, state, national and international violators), creating uniform sentencing matrices and removing the appeal of gaining too much bull@!$%# media attention.
This is not corporate, this is individuals who have worked and have a right to the profits of their work. She could have and should have paid for them - even if just $1 a song on Itunes. The amount is not for the songs per se, it is her fine because she broke the law. This is the problem with our society now. Irresponsible (her), greedy (her), lazy (her), theives (her again).
It is corporate. It is not the individual artists suing her.
its the owner of the rights of the music which is mostly a split between the label and the artist(s)-- in order to sue both have to agree hence 24 of the 1700 "owners" pressing charges---
Lawrence,
What you fail to understand is that the fine is not for her simply downloading the 24 songs to her computer (a crime in and of itself, albeit with a value of only $24), it is for then making them available for any of the 1.4 billion other individuals with internet accounts (2010 estimate by the CIA) to then download them via file sharing. If only 0.01% of those people downloaded even 1 of those songs, that is a loss of $140,000. If those 140,000 people took all 24 (why not they're free, right?), that is $3.2 MILLION in lost revenue to the RIAA. If her computer had only 70,000 hits, then the fine just barely begins to reach the losses to the RIAA. She is lucky these were not physical items she "stole" or she would have been looking at 15 years behind bars.
At last a person with some sense. All you bleeding hearts do not understand the gravity of the situation. It costs huge sums to bring a song from nothing and nowhere to the Internet for people to enjoy listening, almost free, but to download and distribute it is a crime of proportion. Yes, Internet has opened a vista of opportunties it has also given us the responsibility not to abuse or misuse it. Cybercrimes have multiplied hundred times. Cybercriminals are fleecing innocent people with billions of dollars every year. I would like to see all those criminals who send threatening messages or enticing messages laced with young girls/men to lure old codgers for the promises and then fleecing them, to be incarcerated for life with their braines taken out and washed with carbolic soap.
how can you prove that anyone has download song from her computer except RIAA and there people....... what give the RIAA the right to invade her computer without her consent?
cookies give them the right. if you do not want cookies shut them off