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CBright7831
I'm not sure if this goes here or not:

Obama Sides With RIAA, Supports $150,000 Fine per Music Track
By David Kravets March 23, 2009 | 1:12:29 PMCategories: RIAA Litigation
The Obama administration for the first time is weighing in on a Recording Industry Association of America file sharing lawsuit and is supporting hefty awards of as much as $150,000 per purloined music track.

The government said the damages range of $750 to $150,000 per violation of the Copyright Act was warranted.

"The remedy of statutory damages for copyright infringement has been the cornerstone of our federal copyright law since 1790, and Congress acted reasonably in crafting the current incarnation of the statutory damages provision," Michelle Bennett, a Department of Justice trial attorney wrote (.pdf) Sunday to a Massachusetts federal judge weighing challenge to the Copyright Act.

The position -- that the Copyright Act's monetary damages are not unconstitutionally excessive -- mirrors the one taken by the Bush administration and should come as no surprise.

Two top lawyers in President Barack Obama's Justice Department are former RIAA lawyers: Donald Verrilli Jr. is the associate deputy attorney general who brought down Grokster and fought to prevent a retrial in the Jammie Thomas case. Then there's the No. 2 in the DOJ, Tom Perrilli. As Verrilli's former boss, Perrilli argued in 2002 that internet service providers should release customer information to the RIAA even without a court subpoena.

Presidential administrations often intervene in lawsuits in which the constitutionality of a federal law is in question. This case concerns a former Boston University student challenging a peer-to-peer file sharing case.

Still, parts of the government's brief sounded as if it was taken from the RIAA's public relations playbook.

"Congress sought to account for both the difficulty of quantifying damages in the context of copyright infringement and the need to deter millions of users of new technology from infringing copyrighted work in an environment where many violators believe that their activities will go unnoticed," Bennett wrote.

The RIAA has sued more than 30,000 individuals for file sharing the last five years. It is winding down the campaign and is lobbying internet service providers to discontinue service to copyright scofflaws.
haws bah gawd
$150K per track? So, what becomes of the person who can't pay the $1,650,000.00 fine for an 11 track album? Federal prison? Anything to get that economy back on track huh Barack?
The Ghost of bps21
I've got a couple of thoughts...firstly...how can they ever prove who downloaded tracks? Several people use my computer...so there's your reasonable doubt right there.

Secondly...once you buy the album legally aren't you allowed to back up the files any way you want to? So screw their 150 dollars a track...if they come after you go buy the album for 12 bucks and tell them to go fuck themselves.
At Home
Your service provider knows if you use P2P sharing, it's not difficult to see at all.
2GOLD
QUOTE (The Ghost of bps21 @ Mar 28 2009, 01:46 PM) *
Secondly...once you buy the album legally aren't you allowed to back up the files any way you want to? So screw their 150 dollars a track...if they come after you go buy the album for 12 bucks and tell them to go fuck themselves.


According to them, no, you are not. If you want a copy for your computer, you must buy a second copy online for your computer. If you only own one copy, they claim you should only have that one copy. Anything more and you are stealing from them.
So you'd still be screwed.
The Ghost of bps21
But when you buy a CD you can back it up on the computer straight off the disc... That's illegal?
2GOLD
QUOTE (The Ghost of bps21 @ Mar 28 2009, 02:46 PM) *
But when you buy a CD you can back it up on the computer straight off the disc... That's illegal?


Yes. You are making a copy when you only paid for one. After the copy, you'd own two. Therefore, you stole an album sale from them. According to them, you need to purchase another copy to balance things.
The Ghost of bps21
This government is stupid.
At Home
The RIAA may be the biggest collection of money-whoring fucking pieces of garbage shit in the known universe. They are trying to kill music.
Molotov The Bear
According to me, this is a load of bullshit.
2GOLD

The RIAA seems to just live in this fairy world where they think album sales decline on shit bands because of internet downloads. No RIAA, shit bands being shit bands is what lead to the decline in sales. Chain store exclusives leads to a decline in sales. Albums with only ONE good song and a bunch of garbage leads to decline in sales.

The RIAA is a drug addict. It's not their fault, it's everyone else's fault they are this way. They don't have a problem, it's everyone else who is the problem.
tominator89
It's impossible to curb music downloads and the exchange of copyrighted material. Pandora's box has been opened and it's not going back.
haws bah gawd
Anyone here know someone that's been sued by RIAA?
CBright7831
QUOTE (haws bah gawd @ Mar 29 2009, 12:57 AM) *
Anyone here know someone that's been sued by RIAA?

In highschool, a friend of mine had a friend of his who got a letter from them. I never asked how much the fine was.
Obi Chris Kenobi
QUOTE (At Home @ Mar 28 2009, 08:28 PM) *
Your service provider knows if you use P2P sharing, it's not difficult to see at all.


They know but do they know exactly what its for? There are several legit companies (Blizzard, Steam, Sega, Sports Interactive) that use P2P to distribute updates for their games, games themselves and other legit downloads as its an ease on their own bandwidth to distribute the information.
daileyxplanet
So Biden got to Obama when it comes to piracy, eh?
kkktookmybabyaway
QUOTE (The Ghost of bps21 @ Mar 28 2009, 02:46 PM) *
I've got a couple of thoughts...firstly...how can they ever prove who downloaded tracks? Several people use my computer...so there's your reasonable doubt right there.


And you think that the federal government will care?
daileyxplanet
On that note, why should the federal government care about piracy at all? Yeah you're "protecting" the free market, but aren't sales of 'great' things up no matter what? I highly doubt Kazaa and Bearshare prevents an album from going platinum.
haws bah gawd
Damn, I forgot about Kazaa. I feel old. Kazaa Lite was fun until they stopped updating it. I remember a story from a couple years ago where a single Mom was contacted by RIAA. She foolishly tried to fight them in court. The Judge ruled in favor of RIAA (obviously), and awarded them $270,000 in damages, which I doubt the woman will ever be able to pay. Unfortunately, I have no clue where to find the news article.
Black Lushus
What is this shit? Black people usually like getting free stuff!
daileyxplanet
And they like to steal even more. AmIrite?
zhangmeijie
For years, the RIAA has claimed that having the IP address of a computer that has shared unauthorized files is the equivalent of having the evidence of who was actually sharing files. That, of course, is false. The IP address simply can help you know who paid for the internet access, but not who was using what computer on a network. In fact, this even had some people suggesting that, if you want to win a lawsuit from the RIAA, you're best off opening up your WiFi network to neighbors. It seems like this strategy might actually be working. Earlier this month the inability to prove who actually did the file sharing caused the RIAA to drop a case in Oklahoma and now it looks like the same defense has worked in a California case as well. In both cases, though, as soon as the RIAA realized the person was using this defense, they dropped the case, rather than lose it and set a precedent showing they really don't have the unequivocal evidence they claim they do. The RIAA certainly has the legal right to go after people, even if it simply ends up pissing off their best fans and driving people to spend their money on other forms of entertainment -- but, if they want to do so, they should at least have legitimate evidence. It's good to see that some are finally pointing out how flimsy the evidence really is.
YourKock'sReallyGreat
I remember earlier this decade that alot of people were settling with the Music companies for 10k fines. One story was about an 8 year old girl who downloaded thousands of songs. They went after her.
Skywarp!
Hey, anyone remember when the RIAA was trying to sue the US Government for royalties from the "public performance" of the copyrighted music being used for torture at Gitmo?
zhangmeijie
QUOTE (Skywarp! @ Mar 29 2009, 09:02 PM) *
Hey, anyone remember when the RIAA was trying to sue the US Government for royalties from the "public performance" of the copyrighted music being used for torture at Gitmo?

Really? that is the dumbest thing ever.
haws bah gawd
QUOTE (YKRG @ Mar 29 2009, 02:27 PM) *
I remember earlier this decade that alot of people were settling with the Music companies for 10k fines. One story was about an 8 year old girl who downloaded thousands of songs. They went after her.


Yea, I remember that girl. I believe she got her own Pepsi Superbowl commercial explaining the situation.
YourKock'sReallyGreat
QUOTE (haws bah gawd @ Mar 30 2009, 07:58 AM) *
QUOTE (YKRG @ Mar 29 2009, 02:27 PM) *
I remember earlier this decade that alot of people were settling with the Music companies for 10k fines. One story was about an 8 year old girl who downloaded thousands of songs. They went after her.


Yea, I remember that girl. I believe she got her own Pepsi Superbowl commercial explaining the situation.



She was downloading lots of bullshit though. Like tv show theme songs, etc.

Is it illegal to make a copy of a song off the radio? Is that stealing?
Angles Broken Fricken Neck
QUOTE (YKRG @ Mar 30 2009, 05:15 PM) *
Is it illegal to make a copy of a song off the radio? Is that stealing?


Probably. I still find it obsurd that it is technically illegal to put mp3s onto mp3 players unless you use Itunes or some shit.
FroGG_NeaL
I've gotten letters a few times, asking me to stop downloading certain things from certain sites, and also Limewire one time.

Just stop doing what they ask and they'll leave you alone. I've stopped useing every thing they've asked, and I still manage to get any song, album, movie, etc. with no problem.

Personally, I'm more concerned with cigs going up another dollar on Wednesday.
CBright7831
QUOTE (FroGG_NeaL @ Mar 31 2009, 01:32 AM) *
I've gotten letters a few times, asking me to stop downloading certain things from certain sites, and also Limewire one time.

Just stop doing what they ask and they'll leave you alone. I've stopped useing every thing they've asked, and I still manage to get any song, album, movie, etc. with no problem.

Personally, I'm more concerned with cigs going up another dollar on Wednesday.

They've already gone up here.

I've had to resort to buying USA Golds nowadays because they are the cheapest ones out there.
YourKock'sReallyGreat
I blame shows like MTV Cribs for pirating. I think it makes people justify what they are doing when they see Fred Durst living in a 15 million dollar mansion, with 10 bedrooms, 2 pools, a grotto, etc and the person is living in 800 dollar a month apartment. If I were a famous celeb, I wouldn't be promoting/exposing my wealth and fame like that. That is just an invitation for people to steal one way or another.
Slickster
That's kind of like the 'they were askin' for it' defense, which doesn't work well in rape or assault cases.
Live Free or Battlenuts
It certainly results in a robin hood mentality that I'm surprised hasn't caught fire like it should have.

At what point did we let the absurdity of so called "artists" unionizing for financial gain go unnoticed? Artists don't sell product, they sell art. And any artist who cares about his art would want it being shared with as many people as possible. The problem started with these artists being taken advantage of by labels and management, and has developed into them simply finding there own people to take advantage of, fans. Rather than destroy the cycle that kept them broke, they just passed the problem down to the fans who make them who they are in the first place.
cd213
It's a hypocritical situation. A company like SONY puts out CD-Rs and CD-RWs so you can make your own CDs from music you download. They put out their own MP3 players, but then they bitch and moan when you don't spend $18.95 plus tax for a CD from one of the bands on their label. They can't have it both ways. This is a situation where they want to have their cake and eat it too.
cynicalprofit
I had a friend get 2 years fed time for napster sharing. He had like a million something songs he was sharing. Idiot was right back at it day he got released.

He said something like, "I got two years of catching up to do." Funny thing was he was using napster to expand is djing business.

On a strange and disgusting side note, he gave another friend the clap.
cd213
I've heard that it's the uploading that they can get you for, not the downloading. I don't know if it's 100% true, but it makes sense. If you are downloading, you can say you got the MP3s from iTunes or the Zune Marketplace.
haws bah gawd
QUOTE (cd213 @ Apr 7 2009, 08:28 PM) *
I've heard that it's the uploading that they can get you for, not the downloading. I don't know if it's 100% true, but it makes sense. If you are downloading, you can say you got the MP3s from iTunes or the Zune Marketplace.


I have heard something similar. I'm sure it wouldn't stop them from trying though.
Ravenbomb
That's why I turn off uploading when I use Limewire and move everything out of the shared folder right away.
johnson316cane
So what's up with Piratebay.org? I used that site a lot a few months ago but I heard the guys who ran it were going to jail or something.
Beto Chavez
If anything, you should download just to get back at the greedy music companies and CEOs since artists / bands make more money off concerts than CD sales.
TheFranchise
QUOTE (johnson316cane @ Apr 23 2009, 03:16 PM) *
So what's up with Piratebay.org? I used that site a lot a few months ago but I heard the guys who ran it were going to jail or something.

In a nutshell, they were arrested (four of them) for copyright issues, but they are defending themselves saying that they didn't host the files.
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