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RIAA Seeks Estimated $97.8 Billion From MTU Student

theodp writes "The Detroit Free Press does the math on the damages sought by the RIAA from the Michigan Technological University student. The total? About $97.8 trillion--yes, trillion with a T--or enough money to buy every CD sold in America last year over again for the next 120,000 years, according to RIAA statistics." Update: 04/05 21:58 GMT by M : The Free Press can do the math, but not very well: the numbers provided show the RIAA is seeking some $97 billion dollars, not trillion. I'm sure the student is *much* happier. Headline updated.

25 of 814 comments (clear)

  1. a little much? by kmcg83 · · Score: 4, Insightful

    U.S. gdp is 10.2 trillion...

  2. Sure, if you say so by 3.1415926535 · · Score: 5, Insightful

    Right, like the RIAA really lost $97.8 trillion worth of potential income from STUDENTS.

    1. Re:Sure, if you say so by 0x00000dcc · · Score: 5, Insightful
      Right, like the RIAA really lost $97.8 trillion worth of potential income from STUDENTS.

      They're about to loose the same weight in credibility.

      --

      -- (Score:i, Imaginary)

    2. Re:Sure, if you say so by WindowsTroll · · Score: 5, Insightful

      Neither the article nor the (law)suits state that the amount asked for is for lost sales. The amount of money being sought is the maximum amount allowed by law. This is for punitive and compensatory damages. It seems to me that $150,000 per song is rediculous, but this number came out of Washington, not out of the RIAA. In our increasingly litigatious society, the amount of money for punitive and compensatory damages is rediculuous, but our society has the general idea of "screw the corporations, they have all the money". This is a case of "the man" taking advantage of the same laws used against him daily. Except in this case, they have no hopes of collecting any money. The frivolity of their suit matches the frivolity of most lawsuits these days.

      Whether or not you agree with existing copyrights, or you feel that the recording companies are colluding to steal your money, the fact of the matter is, based on current laws, distributing copies of copyrighted materials is agsint the law. Instead of complaining about how "the man is trying to screw me" or setting up p2p networks to distribute mp3's, I would suggest that people who are against the RIAA and music copyrights work to get the laws changed.

      Instead of spending money on CD's, use that money to start an advocacy group. Donate some money to the EFF or some other organization who might be willing to fight for your cause. Instead of running a server to host your mp3's (bandwidth costs money and the mp3's have to originate from a CD at some point), discontinue these servers and use the money towards advocacy. Spend your effort changing the laws instead of flying the finger at the establishment.

      --
      "Microsoft has made computing accessible to a population who would otherwise not be able to use computers" - B. Kernigha
    3. Re:Sure, if you say so by dabootsie · · Score: 3, Insightful

      One student, who was supposedly sharing 652,000 songs. At maybe 3 megabytes each, that's around 2 terabytes of data.

      I'd like to know how the RIAA expects anyone to believe one college student had that much storage, much less convince anyone that 98 billion is a credible loss figure.

    4. Re:Sure, if you say so by Phroggy · · Score: 4, Insightful

      It seems to me that $150,000 per song is rediculous, but this number came out of Washington, not out of the RIAA.

      And how do you suppose it got into Washington?

      --
      $x='S24;r)>63/* h@<5+oZ)32"5cz';$me='phroggy'x$];
      $x=~y+ -xz+\0-Tx+;print$_^chop$me for split'',$x;
  3. High Prices by ShishCoBob · · Score: 3, Insightful

    And we thought the prices of CDs were high before. If this is any indication of where things are going I doubt I'll even be able to afford a single cd.

    --
    http://www.maximum-cars.com - My little hobbie.
  4. Here's a little more math by rritterson · · Score: 4, Insightful

    Assuming a person lives for exactly 76 years.... With that sum of money a person would have to spend $40.78 every second for his/her entire life, every day, and including during the night. That isn't taking into account the massive interest it would generate. Isn't that amount of money larger that the GNP of the US for a several year period. Honestly though, how do they expect to prove that each and every song did $150,000 worth of damage. If each album has 12 tracks and retails for $15, they'd have to prove that each album he offered caused 120,000 less copies of that album to be sold. Please!

    --
    -Ryan
    AUWYHSTOT (Acronyms are Useless When You Have to Spell Them Out Too)
  5. They did the math? by silvaran · · Score: 4, Insightful

    $150,000 * 652,000
    = $97,800,000,000
    = $97,800,000 thousand
    = $97,800 million
    = $97.8 billion

    I think they're off by, ... ohh, about a factor of a thousand?

  6. The legal fees... by NOT-2-QUICK · · Score: 4, Insightful

    Sure...97.8 Trillion might sound like quite a bit upfront...

    However, after all of the lawyers take their cut, the appropriate RIAA officials remove their share and court costs are assessed, I calculate the net gain for the actual artists to be somewhere in the neighborhood of about $20 bucks and smack on the ass! :-)

    - n2q

    --
    Beer is proof that God loves us and wants us to be happy. -- Benjamin Franklin
  7. Great quote from the article by Osiris+Ani · · Score: 4, Insightful
    I think all university officials should be singing this tune:
    "If you agree that you're liable in any way, then you have no alternative to monitor the networks. You're putting yourself in a position that you can't possibly fulfill. Even if that were technically possible with the staff the universities have, monitoring the flow of information on college networks is contrary to everything schools of higher education are about. We're providing this access as part of an environment for learning and teaching. It's used by a growing, learning community."
    - Virginia Rezmierski, Adjunct Associate Professor, University of Michigan School of Information and Gerald R. Ford School of Public Policy
  8. Better alternatives by BWJones · · Score: 4, Insightful

    Ok, so I believe that the article is off in their calculations and it should be billion with a "B". At any rate, it seems that given the silly amount of money they are going after, the "accused" would simply laugh that sort of claim off. Yes, stealing is stealing. However, this sort of suit does nothing to help the RIAA's case. They would be far more effective by bringing more realistic suits in terms of dollar amounts that would actually perhaps frighten folks and keep them from posting media to the net for download.

    This whole music suit thing brings up another interesting exchange I had last week. One of the campus network guys was asking if I had any music on my workstation. I said yes, about thirty gigs or so, to which he replied, I had to take it off as the RIAA was "querying" systems on the network to determine if they contained music files. I replied as every song on there was purchased, paid for, and personally ripped from CD via iTunes, and I had every CD for which there was music for, I was not going to remove the music. Additionally, while my workstation was on the network, it was not open, the songs were not available to the outside world and anyone wanting those songs would have to hack into my system. So, no. I would not remove them. Even if the RIAA does somehow "query" my system, (Is this somehow possible if the system is "secure"?) they would be barking up the wrong tree.

    --
    Visit Jonesblog and say hello.
  9. Questions, and more questions .... by Helmholtz · · Score: 3, Insightful

    I don't even know what to think about this.

    From an artist's point of view, does this help the artist? I'm not a musician and have never seen any of the contracts that the RIAA makes with its musical talent, but from a select few artists that have spoken out against the RIAA, I get the impression that file sharing is definately not the thing that's keeping money out of the pocket of the musician.

    So, if this kind of action isn't for the good of the artist, then is it for the good of the company? I don't run a business of my own, so perhaps I'm under some false impressions, but it seems to me that the number one goal of business is to keep your existing customers excited and to constantly be trying to pull in new customers. This action as far as I can tell does exactly the opposite on both counts.

    And what about file sharing in the first place. I still don't understand why the people involved in this debate keep talking like a 128k bitrate encoded mp3 is just as good as the original wav. Now this is something that I've personally investigated and analyzed, and can concretly say they are definately not of the same quality.

    And what about the statistics. Which do you believe? I've looked at the RIAA's statistics showing how much revenue they lose because of file sharing. I'm not a statistician, but I really don't understand how they can claim that every traded song would have equaled an album sale. I've also looked at the statistics of the number of album sales during the years of Napster. While Napster was running full tilt, albums sales were hitting record numbers. Napster gets shut down, and the sales plunge. Once again, I'm not a statistician, but it seems to me that if I'm to be asked to believe that every song download == a missed sale, then I must also believe that Napster _created_ song sales instead of decreasing them.

    So, once again, I'm back to wondering why the RIAA is taking such a hard line. I think that until we understand the motivations of the RIAA that things will certainly continue to get worse instead of better. Of course there's always the possibility that the RIAA doesn't really understand themselves what kind of road they're choosing for themselves.

    In a sense I hope things get much much worse. Perhaps when a school teacher gets thrown in jail because he/she played a copyrighted song in class the public at large will finally wake up, realize what they've lost, and take it back. I'm a firm believer that Freedom can never be truly lost, just temporarily suspended.

    Anyway, that's my little rant on the subject. I appologize if it came off as a confusing diatribe, but unfortunately I don't see anything but confusion when I think about the current state of copyright.

    --
    RFC2119
  10. Re:"Stealing is stealing" by Marc2k · · Score: 4, Insightful

    Not that this is a justification of my downloading mp3s, but I wouldn't have bought probably 3/4 of the mp3s I have because I simply want one song off of the CD.

    Trust me, they know this. Decades ago, they realized that they could make much more money by pushing LPs (Long Play) instead of 2-4 song 7" records. Early recordings were generally the artists' best songs, those which the record companies knew you'd gobble up. But for a few a little more investment on their part, they could throw in 10 or more songs on one record at double (or more!) the cost. Now you were being hooked into buying a whole LP just to hear your favorite songs. The record companies have had us by the cajones since then, it's either buy the single for $6, or buy the whole shebang for ~$12.

    There are VERY few mainstream artists today who can pull off a full cd of killer material, but a few are actually out there.

    --
    --- What
  11. 652,000 MP3s?!? by cfallin · · Score: 5, Insightful

    Assume an average 3-minute 128kbps MP3 - about 3 MB. 3 MB * 652000 = 1956000 MB. About 2 TERABYTES.

    Did this guy have a 20-disk RAID in his box, or am I missing something?

  12. Re:"Stealing is stealing" by siphoncolder · · Score: 3, Insightful
    There's a reason the music biz won't do what you suggest though, and it's such a simple and rational reason that you and the rest of /. will bow your heads with a collective "Oh.":

    Distribution control.

    A CD/DVD is something physical to which they control the production of, and can therefore control the sale of, but most imporantly: they have the resources that allow them to create and maintain the production of CDs/DVDs, in massive quantities. If you want worldwide distribution, you go to "The Industry" because they have the best resources.

    Now: take away the need for said resources in order to get your music heard. Charge by the song rather than disc, and remove the need for discs to be manufactured and distributed. Make up a site, advertise on the web, and buy the bandwidth you'll need to serve the song for a limited amount of time (because you will run into diminishing returns as time goes on and the song gets pirated into oblivion soon after).

    Plain and simple: that will get you money still, just lots LESS of it. Also, it will lose you control because now that the cost of production is gone, anyone can do it.

    This is why the industry will never (1) go along with the net for distribution and (2) why they will use their resources now to STIFLE this technology - they won't be the first to jump off the cliff, and if anyone else jumps, they're the 800lb gorilla holding the rope around their necks.

    --
    i'm amazed that i survived - an airbag saved my life.
  13. Re:Eighth Amendment Problem? by afidel · · Score: 3, Insightful

    Actually the numbers being talked about are punitive damages imposed by the government so the point IS relevant.

    --
    There are 4 boxes to use in the defense of liberty: soap, ballot, jury, ammo. Use in that order. Starting now.
  14. Focusing on the wrong thing? by rw2 · · Score: 4, Insightful

    People are focusing on the wrong thing. The point isn't $97T, $97B or $100K. The point is that the RIAA is finally going after a law breaker. They went after colleges and other carriers for too long even though *they weren't breaking the law*.

    Now they are going after the kids that actually broke the law and everyone is still pissed.

    Hell with that. These kids should be the ones being put to trial. Maybe now the laws can be shown for the unmitigated sillyness that they are and either shown unconstitutional or at least have a $97B judgement against some kids show the public how out of control this all is.

    This is the right suit. Let's make sure it's the right result by now dwelling on the RIAA and instead dwelling on the law.

    1. Re:Focusing on the wrong thing? by Spy+Hunter · · Score: 4, Insightful
      NO!!!! NO!!!! NO!!!!

      This is STILL the wrong suit for them to be filing. They are not going after these people because they are sharing files, they are going after them for running network search services. Services that have legitimate uses and do not host or provide any copyrighted content. The RIAA STILL doesn't get it. They should be going after the students on the network who were sharing the mp3s from their computers. The search service doesn't allow copyright infringement, it's the people sharing. The files are easily accessible without any search service. Unfortunately, I'm sure the judge won't get it either. These guys are going to get raped by the justice system.

      --
      main(c,r){for(r=32;r;) printf(++c>31?c=!r--,"\n":c<r?" ":~c&r?" `":" #");}
  15. The best idea ever! by rockhome · · Score: 5, Insightful

    Here is an idea:

    Why don't you all just sod off and NOT BUY ANY MORE CD'S!!!!!!!

    Then, the RIAA constituent companies will lose money and be forced to deal with the issue.

    Listen to the radio, got to concerts, gad, get out from in front of the computer(yes I see the irony), put down the porn and go out and do something. Read a book. A real book. Not some Piers Anthony sexual romp.

    Go to the library, sit, where it is free, and read book, for free. Grahm Greene's "The Power and the Glory" is good. Maybe "Heart of Darknes" by Conrad. Edmund Morris's "Theodore Rex" and "The Rise of Theodore Roosevelt" are good choices.

  16. The point is... by monoqlith · · Score: 3, Insightful

    that it's incredibly unrealistic to say that suing the shit out of every pirate in the United States is going to have any bearing on the general trend. The other point is that the Music "Industry" itself is unnecessary - middle men whose only real job is to make themselves seem necessary. They need rouse themselves from their stupor and realize that they have to adapt to a new technological world or else die. The longer they think that scaring people and alienating customers will help, the more likely the eventuality of their death. They need to make it easier for the public to pay for online music than it is to get it at the moment. until then, they have no chance in hell. Moreover, RIAA serves corporations rights - if talent can proliferate naturally through MP3 file sharing, then why do we need corporations? RIAA is about protecting the profits of the music distributors, not the artists themselves.

  17. Re:for that kinda money by Cromac · · Score: 3, Insightful
    I'm sure all the government overhead of starting something like that would eat up the 97 billion in a year. They'd have to create entire new agencies, then more enforcement agencies, congressional comitees, senate oversight comitees, and so on and so on...Then they'd raise the taxs saying that $48/year wasn't enough and they'd raise that tax because of course some people can't afford it.

    Do you really want to open that can of worms?

  18. Reciprocity failure by Dr.+Zowie · · Score: 4, Insightful
    The problem is that the genii is out of the bottle. The whole idea behind large monetary penalties is that they're supposed be an approximately linear deterrent: double the amount of money something will cost you, and double the deterrence. But at some point large penalties cease to be an additional deterrent. Law alone simply isn't the right tool to influence behavior at that level.

    File trading is so easy and so desirable on the small scale, that it's impossible to deter it using the courts. You can't haul in everyone who trades files -- so you have to increase the deterrence by really walloping the few that you can. The problem is that there's little difference (to a student) between having to pay 97,000 dollars, or 97,000,000 dollars. Upping the ante by another factor of a million, to 97,000,000,000,000 dollars, isn't any more of a deterrent -- at that point it devolves to abstract numbers.

    Another millieu that shows the same kind of saturation deterrence is the drug war (spit). It's easy, cheap, and desirable enough for many folks to smoke pot, that the courts literally could not handle them all. Stiffer penalties don't work so well, because the penalties are already so unreasonably stiff that they don't affect most peoples' risk assessment.

    When this phenomenon occurs in photography, it's called "reciprocity failure" normally, each additional photon hitting a piece of film exposes the film the same amount, regardless of the actual intensity -- so you can photograph a dim object, with a longer exposure time. But for very long exposure times, that picture breaks down: the partially-exposed silver halide grains repair themselves in between photon strikes, so exposing film to a weak light source for a very long time doesn't have the effect you'd expect. It makes sense to think of file trading and the drug war as examples of deterrence reciprocity failure.

  19. Re:Go where? by mbogosian · · Score: 5, Insightful

    You live in a country with an incredibly good road system. You can get *anywhere* in the continental US by road. You can't get more than 15 miles away from a road in the continetal US.

    And Canada, France, Great Britain, Italy, Germany, Austria, Sweden all have poor transportation?

    You have running water. Reliably. You have indoor plumbing. You have readily available food. You have electricity.

    Again, CA, FR, GB, IT, DE, SE don't have these?

    You live in a place that has as many cars as families, because cars and gas are just that damned cheap here.

    Is this a good thing? Do you know how much O2 a 5-liter Uh-mer-kin muscle car chews up just from driving to and from work on a semi-daily basis? Do you have any idea how many CO2-consuming organisms it takes to support your average Camero or Mustang owner? Why do we have so many cars here? Why aren't they needed in Manhattan or in most of Europe? Because our automotive industry killed our light rail industry in the first half of this century. We produce 3% of the world's oil. We consume nearly 60%. Hence our current predicament with our dependency on foreign oil. No, having that many cars is not something to boast about.

    You don't have to fear for your life walking down the street (well, in some places, you do, but it's safer here than much of the rest of the world).

    In most Iranian metropolitan areas, women can walk around at 03:00 alone without fear of abduction or harassment. People there don't give it any thought. I can't name one major city where this is true in the United States.

    This is a nation in which *anyone* can get a job. Not necessarily a good job, or the job they want, but you can land a job that'll pay well enough for you to eat every day.

    Unemployment in Switzerland has not reached more than 6% in over ten years. It averages around 3%-4%. You should read this if you want a better handle on what it means to be employed in this country.

    I can drink the water anywhere in this nation without fear. Some places it looks a little brown, or have hard water, etc., but you can drink it without *dying*.

    Once more, CA, FR, GB, IT, DE, SE don't have these?

    You have incredible medical care. I know many places have better systems for covering payment, and it's free in many places, but there's very few places in US where you can't get immediate medical care.

    The US has the best doctors in the world. We also have the highest liability. Does this seem odd to you? We are encouraging our doctors to become mediocre because it's not worth it to practice. I've talked with a fair amount of doctors (my family has more than its fair share of people working in medicine). They almost unilaterally have two pieces of advice for people in this country:

    1. If you're thinking of becoming a doctor: don't.
    2. Don't get sick, because unless you're rich, you'll get shit for care.

    It's simply that, the particular set of advantages you get by being an American and living here on American soil is almost impossible to get anywhere else. Many places have worthwhile tradeoffs, but you can't get all the above just about anywhere else.

    I realize that many of the above comments don't apply to everywhere in the world, and I apologize to the denizens of any nation that may be that much better, but I think that most of them apply somewhere.


    The truth is that many cities outside the US are more livable than those within its borders. Hell, there are 9 countries which rank higher than we do in an audit of world democracies.

    Please don't misunderstand. The US is a great place to live...one of the best in the world. I'm just real tired of its citizens thinking that this country's shit

  20. questions by bob+dobalina · · Score: 4, Insightful

    1) Why hasn't an organization arisen to challenge the RIAA? I mean, it's my understanding that being a member of the RIAA is *not* legally required of a record label. When one considers the tons of indie labels out there that, thanks to free downloading off websites and through p2p networks, it makes me wonder why large groups of independents that have good talent and catalogs, like Caroline, Epitaph, Six Degrees, all the way down to little labels like ESL, tru thoughts, fork in hand and others haven't forged an alliance simply to combat this insanity. This seems like a golden opportunity to seize the thunder of the big six and woo bands to the "free music" side of the aisle. But then, when one considers how often bands tend to jump around labels, maybe the problem is more endemic to record labels than just the big six...

    2) Speaking of bands, where are "the talent" in all this? why don't we hear from the bands beyond the occasional (apparent) nutcase voicing his opinion then going back to the label lounge? We keep hearing about how the big nasty RIAA is pimping their work and buying out their right to their creative work (if I have to hear Tom Petty's sob story one more time I'm going to puke), but why aren't so many top label bands coming out in favor for/against the RIAA behavior? Many of the A-list acts can certainly get along just fine no matter what label they're on, so if they can extricate themselves from the labels, why don't they? If Fred Durst really thinks mp3's should be free, why doesn't he just jump ship and release his band's own stuff on his own terms? Oh wait, he's VP of Interscope. Nevermind....

    --

    B

    "I'm payin' taxes, but what am I buyin'?" -- James Brown