Slashdot Mirror

← Back to Stories (view on slashdot.org)

Cuban Says RIAA Damages Should be $5 Per Month

Posted by timothy on from the simplistic-but-cute-and-vice-versa dept.

Thomas Hawk writes "Mark Cuban is arguing over at Blog Maverick that with the introduction of Yahoo!'s new $5 per month music service that this needs to become the new de facto 'damages' that the RIAA ought to be able to claim when suing kids. After all, when the kids could have paid for the music via Yahoo! for $5 a month it makes it hard to say the music loss is worth more than that. 'The RIAA can no longer claim that students who are downloading music are costing them thousands of dollars each. They cant claim much of anything actually. In essence, Yahoo just turned possession of a controlled music substance into a misdemeanor. Payable by a $5 per month fine.'"

9 of 693 comments (clear)

  1. Upload, not download by DustMagnet · · Score: 5, Insightful

    The RIAA doesn't sue downloaders. They sue people who upload music. Yes I know, some programs upload what you download by default, but that change what they sue people for. You can't get the right to upload music for $5 a month. Even if you could, the RIAA can always sue for statutory damages, which are a lot higher than $5 a month even for downloading.

    --
    'SBEMAIL!' is better than a goat!!
    1. Re:Upload, not download by AviLazar · · Score: 5, Funny

      First, it's possible to make a fair use defense based on your ownership of the CD or DVD.

      "Your honor, yes I know I allowed 5000 people to download music from my computer...but I own the original CD" holds up CD "so it falls under the fair use law."

      Then the kids defense attorney rises "Your honor, as you can see, we would like to plead mental insanity. This kid is a fucking moron."

      --

      I mod down so you can mod up. Your welcome.
  2. That doesn't compute. by k96822 · · Score: 5, Insightful

    That is like saying the most a person can be fined for stealing a shirt from WalMart is the price of the shirt.

    1. Re:That doesn't compute. by benjamindees · · Score: 5, Insightful

      Actually the logic is completely correct. But you're confusing "fines", which are the result of criminal prosecution, with "damages", which are the result of civil suit.

      Damages are usually limited to "actual" losses, which is exactly "the price of the shirt". Fines can be much more, but they're exacted by government, not industry cabals (see Blockbuster).

      --
      "I assumed blithely that there were no elves out there in the darkness"
  3. Oh...now I get it. by 187807 · · Score: 5, Funny

    After reading the title I was wondering why the RIAA would care what someone in Cuba thinks.

  4. Cubans by iBran · · Score: 5, Funny

    Who do those Cuban people think they are, telling American companies what to do!?

    1. Re:Cubans by travellingmonk · · Score: 5, Funny

      Who do those Cuban people think they are, telling American companies what to do!?

      I had an image of Castro standing there with a cigar in one hand, iPod in the other, telling everyone that music was the property of the people and so everyone should be able to download songs for free...

  5. Re:this guy is on drugs by bobcat7677 · · Score: 5, Funny

    Just want to clarify... you mean a 5 watt INCANDESANT light bulb right? ...Because a 5 watt incandesant bulb would be pretty dim while 5 watt fluorescent bulb would actually be considerably brighter in comparison. And then there are 5 watt LED bulbs...

    This is slashdot after all. Please be specific about the technologies you refer to. :D

  6. Neat... by geoffspear · · Score: 5, Insightful

    Can I set up a new cable network that broadcasts all of the Maverick's games if I pay them the cost of a season ticket? Sounds fair to me.

    --
    Don't blame me; I'm never given mod points.