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RIAA Loses $222K Verdict
jriding writes "The $222,000 verdict against Jammy Thomas for copyright infringement by P2P is no more. US District Court Judge Michael Davis dismissed the verdict, saying it was based on the faulty 'making available' theory of distribution."
It'll be interesting to see if the verdict reversal gets the same amount of mainstream media coverage. It's one thing to see this in the tech media. It's another thing when it's in Time, Newsweek, and all the major newspapers.
Ugh... 2 words: President Cheney.
If she's charged at the market rate of $0.99 per song, she'll owe the music companies $24.00 plus tax.
Let her pay it and be done over with.
slashdot rocks
Really if you want to stop the RIAA you need to start posting hate on the companies that support it. Once you start to hurt their brands and people stop buying their products, because of the negative press, and the RIAA will cease to exist. Everyone hates the RIAA, but no one hates those who fund it yet. So hate on these companies SONY WARNER EMI UNIVERSAL ...
Right, still it seems "unsporting", as the British might say, about trying her again. I hope that the RIAA doesn't, but that is probably to much to expect from such an ethically bankrupt organization.
Actually, he calls on Congress to review the penalties of the Copyright Act. The Act was intended to penalize "competitor's" who engaged in the infringement where income was earned on the enterprise, not so much a consumer who is actually getting nothing in the process. Hence why the damages seem so excessive, the law wasn't really designed to cope with these circumstances. The infringing party makes no money on the enterprise and are usually private individuals...applying a "business" penalty to an individual is why they seem so grossly out of proportion.
That said, the fact that the law wasn't designed with the situation in mind does not mean they can ignore it since there's no other law on the topic. So if she's found guilty again she will likely face the same "penalty" scheme that she had previously. Hence why he asks Congress to amend the law and is simply characterizing the judgment, not throwing it out. There's nothing truly unconstitutional about the law, it's just not being used against the targets that the writers had in mind when the law was written.
That said, the fact that the law wasn't designed with the situation in mind does not mean they can ignore it since there's no other law on the topic.
If it's a jury trial, they certainly can ignore the law if they choose.
Impeaching him now would cause a close examination of all of his unconstitutional policies, and get a lot of them thrown out, or at least dragged out into the light so future presidents won't be able to use them.
Also, there's this little thing called 'accountability' that a certain current United States President likes to harp on a lot of the time (when it supports what he wants).
Honestly, I think that a pretty large proportion of our presidents should have left office at the end of a hangman's noose, and none that I can think of deserve that end more so than Bush Jr.
I suppose it will appear in those media which are not members of the RIAA or owned by members of the RIAA. Maybe some Canadian press will cover the reversal.
Views expressed do not necessarily reflect those of the author.
Sure pirates are crooks. Most of them probably cost the distribution companies (not the creators) a couple hundred dollars a year. The worst of them might cost them a thousand or two. The RIAA on the other hand are crooks of a different sort, and they cost people and the government (and by extension everyone) hundreds of thousands of dollars a year. So, I ask you, who's the bigger criminal here, the pirates that all told cost the media companies maybe a hundred thousand dollars, or the media companies that cost everyone hundreds of thousands of dollars, and ruin the lives of people seemingly at random whether they're guilty of piracy or not?
Our copyright and patent system is broken. It's been abused, and stretched to the point of breaking by greedy big media trying to prop up flagging business models rather than innovate and change with progress. We need to reform our copyright and patent systems, destroy the media conglomerates, and then worry about trying to curb piracy. I have a feeling however that they'll find once copyright has been reduced back to what it was originally intended, and media companies are once again innovating instead of trying to enforce, that piracy won't be much of a problem at all.
Curiosity was framed, Ignorance killed the cat.
I too would like a lot of media attention but let's be realistic. With all that is happening now, they will bury news of it to where you will be forced to hunt for it. It's important news, but it will not get much public attention. In this respect, the RIAA is lucky because the timing is good for them. They may have lost a battle but the war will still continue.
1. Paying major media companies != Paying artists
2. Going after individual infringers != Throwing out lawsuits at random in the hope of settlements and the occasional success
But you can't blame the RIAA for the judge's mistake. Since they can't bring back the original jury, legally, this is like the original case never happened. I hope RIAA will be on the hook for the defendant's lawyer fees for both trials if they lose this case.
You've got to be kidding. Your math is pretty bad here.
First, you say most pirates cost the distribution companies a couple hundred dollars a year (let's pick $200). I'll even ignore the "worst" offenders.
Then you say that all the pirates put together cost the media companies maybe a hundred thousand dollars. Here's the problem. My math says:
~350 million Americans. About 200 million adults. Let's say half are online, so 100 million online users. Let's significantly underestimate the percentage of pirates at 1%. So that's 1 million pirates. At $200 a year, that's $200,000,000 a year.
So, who is the bigger criminal you ask? The pirates that all told cost the media companies at least 200 million dollars, or the media companies that cost everyone hundreds of thousands of dollars?
See, use math and these arguments are much less "obvious" than you make out.
P.S. I am NOT a fan of the RIAA, and would like to see them lose these court cases, but making them out to be bigger crooks than those who steal from the companies they represent is not reasonable. I will agree that the RIAA is organized crime, however, and therefore should be subject to racketeering laws.
You cannot attribute any financial loss at all to the pirates. It's simply a theoretical loss.
If all pirates would never buy a single thing they pirated, and I realize this is an assumption, their net cost to the content distributors would be $0.
For more information, see this helpful drawing:
http://i28.tinypic.com/2m7xd85.jpg
I am really tired of this kind of math. The premise is bogus, copyright infringement does not cost anyone anything. It is a loss of potential gain. In order to estimate the damage from piracy to the economy you need to estimate the amount of lost sales. This is difficult to estimate and most likely one or two order of magnitude smaller than the headline figure announced by the industry. It is not even proven that this "lost sale" exist as it has been proven that the most prolific downloader also buy more "legal" music than others. It may very well be that there is no lost sales but an increase.
Declining revenue in the recording industry is an entirely different matter and no one has proven the cause and effect.
Business models that are artificially enforced by the laws of the land are not business models. They're fascism. You're entitled to any business model you want... you should NOT be entitled to use taxpayer money and deprivation of citizens rights to build a business model.
My blog. Good stuff (when I remember to update it). Read it.
Many people pirate, that's true. And it does cause the recording companies to loose out on potential revenue.
What's fucked up though is that a pirate who illegally downloads 10 songs has created a potential revenue loss of about $15 bucks to the record companies. But the record companies want to sue that individual for $15,000. The punishment does not fit the crime.
Your math is terrible. First, you assume that there are 1 million pirates, and that every "pirate" (Arrrr) would be a paying customer if they weren't "pirating" (what about those that borrow CDs and DVDs? Oh noes, the horror!!!)
With math matching yours for accuracy, I deduce a real loss of around $1 due to this "piracy".
Now, the real pirates, on the other hand, are those manufacturing illegal copies of the items in question and selling them to others, resulting in real lost sales, as someone paid X for the illegal product. Even here the assumption that they lost whatever their stated price is ludicrous, as they only lost whatever the illegal content's sale price, as there is no correlation whatsoever that the buyer would have paid more (with the assumption that the sold item sold for less than the asking price - not always the case - see sales of imported anime or HD DVDs....)
The cesspool just got a check and balance.