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Special Master Appointed In Jammie Thomas Case
NewYorkCountryLawyer writes "There has been another odd development in the Jammie Thomas-Rassett case. You may recall that after the judge reduced the RIAA's verdict from $1.92 million to $54,000 on the grounds that $54,000 was the maximum amount a jury could reasonably award, the RIAA opted for a third trial instead of allowing judgment to be entered. Its reasoning in making that call has never been clear, since there seemed little point in spending hundreds of thousands of dollars on a trial which could produce no more than a judgment for $54,000 or less. Apparently the court thinks taxpayers' money could be better spent, and has appointed a 'Special Master' to bring about 'meaningful settlement discussions,' with the Master's $400-per-hour fee to be paid by the RIAA. One commentator suggests the RIAA should at this juncture just say, 'Thanks Jammie, we've had all we can get out of you and caused you enough grief — pay us $1 and we'll forget about it.' Actually doing that would be a lot less costly and more reasonable that what they appear to have in mind."
'Thanks Jammie, we've had all we can get out of you and caused you enough grief — pay us $1 and we'll forget about it.' Actually doing that would be a lot less costly and more reasonable that what they appear to have in mind."
Reason, and reasonableness, has never been a part of their campaign from the beginning.
The higher the technology, the sharper that two-edged sword.
They would rather have a ridiculous sum in judgement than to seek the reasonable. A reasonable verdict is what they want to avoid because if we start seeing reasonable verdicts, the headlines go away, and the lawyers' gravy train ends.
They should have a meeting with the President... perhaps he could "shake down" the RIAA like he did BP?
Achievement Unlocked: Black President.
For a case to set precedent, it has to be decided by a court that has jurisdiction over the matter. Settlements don't count. Now while they can be used informally, a thing of "This person settled with us, you should too," they have no weight in trial.
The reason is because you can sue anyone over anything and that can settle out of court, no matter how stupid. For example suppose you sue me for being ugly. You really could file a lawsuit for that, stupid though it may be. If it went to trial, it'd get thrown out in preliminaries. However, suppose I choose to settle with you for whatever reason. That's my right. I give you $5 to drop the suit. Done and done.
If that was precedent, you could then try to use it to file successful suits against other people, despite the fact it is clearly a stupid, frivolous, lawsuit.
As such the court would give it no weight at all. You file another ugly suit and say "But this guy settled with me over it!" They'll say "Don't care, case dismissed, plaintiff ordered to pay court costs."
At lease IMHO. (IANAL and am not sure what ins-and-outs of possibly setting a bad precedent might be involved.)
But assume they're after using the legal system to cause as much pain as possible for those they're after, as an example to others who might consider using file sharing services to download music, and it makes a lot of sense.
That would be using the horrendous costs of the civil system to create the same incentive structure as the criminal justice system, but without the latter's higher standard of proof or the necessity of passing laws to actually criminalize the behavior or convincing the prosecutors to spend time going after music fans (who might just be voters) rather than rapists and murderers.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
Doesn't this sound like a fucked up business model?
It doesn't even sound like a business model.
Ray Beckerman +5 Insightful
I'm not a lawyer but I would bet they would prefer to spend $2 million to get a $1 million settlement
The judge has already ruled that the maximum they can get is $54,000. So the range of possible verdicts at the 3rd trial would be from 0 to $54,000.
Ray Beckerman +5 Insightful
I'm guessing the RIAA are keeping this going just to avoid setting any 'dangerous' legal precidents that would undermine their future cases (like $54k being the most they can ever sue for from now on).
I'm totally amazed that none of the judges have found the RIAA guilty of causing unnecessary suffering to Jammie Thomas. I think she should countersue the RIAA for their ridiculous miscarriage of justice.
It's a loss leader.
Wikipedia defines that as "a product sold at a low price (at cost or below cost) to stimulate other, profitable sales". Sounds about right.
I want to be a Special Master.
I would like to be a Jedi knight.
Ray Beckerman +5 Insightful
An example? Certainly won't be the example they meant to make.
The RIAA took a very foolish gamble. They have such faith in the concept and moral rightness of copyright and the law that they were sure the courts could not fail to uphold it. They've deluded themselves, ignoring and denying the painful fact that technology has enabled the undetectable transfer of entire libraries in moments. Only takes one finger sized flash drive to hold what used to fill an entire shelf of vinyl records, and the flash drive can be copied in a few seconds. But just to be extra sure, they picked on someone they thought was weak, who would cave or fatally screw up immediately. Apparently didn't think of the possibility this would push their victim to put up the ferocious defense of a cornered animal. Or of the fact that even in winning, they lose. They made her into a martyr when it seemed they had won. I can't think of any other reason why they'd gamble like that. Thought they could not lose.
But the RIAA can't win this no matter what they do. And now, with the direction this case has taken, seems the RIAA can't even score a draw or pull out with a token loss. So they're going for broke. I wonder if this case could bring the law up to date with reality by weakening copyright law to the point of irrelevancy. Copyright itself is dying, and all this is doing is calling attention to how sick copyright law is.
Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
It's a loss leader.
They make it up on the volume.
Ray Beckerman +5 Insightful
They didn't take a gamble on the moral rightness of copyright. They won that bit, the court decided that this woman did in fact infringe on copyright(and let's be honest, she did).
The gamble they took was that the patently ludicrous multi-million dollar penalties they lobbied for would stand up in court when used against some dumb schmuck who wasn't sharing for profit. They lost that gamble, and they lost big time.
One of the consequences of this is that they've basically lost nearly all of their ability to actually frighten pirates. Given your the abysmally small chance you have of getting caught and how difficult it is to prove that you were sharing any substantial number of songs, 54 grand is, to most people, an acceptable risk. Most people could arrange a payment schedule for that and wouldn't even need to declare bankruptcy. It would suck, but it wouldn't be the end of the world, and you've got a slightly higher chance of getting struck by lightning than sued for copyright infringement, even if you're the biggest pirate in the world, and the lightning strike would probably cost you more.
The other consequence of this is that they're pretty much guaranteed to lose money on any future cases affected by this precedent. By the time you pay the investigators, file the paperwork, pay the lawyers, and all the other costs associated with something like this, you'd be lucky to break even at that kind of judgement. That's not even counting bad publicity.
So if you can't scare people, and the process loses you money, what do you do? They've gone too far down this path to turn back and try to fight this another way, and they can't really ignore the threat to their business model.
Law enforcement is always difficult for instances where the chance of getting caught is incredibly low. If you pile on the penalties you start looking like jack booted thugs, and if you give a fair penalty, there is no deterrent.
Remember, the expenses incurred by the RIAA in these and other similarly insane actions are by and large tax-deductible business expenses. In other words, the American taxpayer is footing the bill through reduced tax revenue and corresponding loss of services and/or increased taxes elsewhere.
I always wondered why tracks recorded recently seem to be mixed so much louder than in the past. Thanks, NYCL, you've explained it all!
Cheers,
"What in the name of Fats Waller is that?"
"A four-foot prune."
Shadow Minister is just a minister who is not in power.
That's just what they want you to believe!
More educated people know that a Shadow Minister is a title for a member of the Illuminati.
I'd think that would inspire a few people to figure "Hell, I've got nothing left to loose. Might as well kill a few of the bastards."
I could be wrong, but I believe that recent research has shown that some fraction of people figure that if they've been done wrong, they don't care WHAT it costs them to get even. (Mind you, there'd been plenty of historical examples even before the recent academic research, so I found it convincing without checking into the details.)
I think we've pushed this "anyone can grow up to be president" thing too far.
I believe this is one of the rare moments where NYCL has missed the point. In fact, the only one I've ever seen now that I think about it..
This isn't about money. Here, read this bit again:
One commentator suggests the RIAA should at this juncture just say, 'Thanks Jammie, we've had all we can get out of you and caused you enough grief -- pay us $1 and we'll forget about it.' Actually doing that would be a lot less costly and more reasonable that what they appear to have in mind.
It's right there if you read it a second time. "...more reasonable that what they appear to have in mind."
They are not out to be reasonable. What they wish to do is to rob this poor woman not of her money but of her time, her life. One minute at a time, whatever the cost. They don't want to bankrupt her. They don't want $54,000. They want to make an example out of her. Doesn't matter if they have to spend hundreds of thousands to drag this thing out. The money isn't the point. The entire music industry is balanced on the head of a pin and these people are just that terrified that the gravy train is coming to an end. It is fear and wild reaction on a level that is hard to understand. That's why the response seems unreasonable. Because it is. On purpose. The modern day legal equivalent of these guys.
It has taken me 40 years on this planet to eventually figure out the fact that some people simply do not think in a reasonable fashion. It's hard when you base your life on rationality to think in an irrational manner. You see someone doing something you cannot understand and you apply your own yardsticks to it. And fail, because nothing you can come up with fits.
These people have different motives than I could ever have - it is alien thinking. But once you know that people differ wildly from each other, you know that some people will simply be unfathomable. This is one of those times.
Weaselmancer
rediculous.
Hang on there folks. When you suggest piracy is immoral, I have to disagree. Less immoral than what the industry does, yes. But that's because it's not at all immoral. "Piracy" is a loaded term. We should be calling it "sharing". Copying is no more immoral than borrowing a book from the library. It's certainly less costly.
There is nothing holy about copyright. Copyright is only a system that attempts to funnel the fairest amount of compensation possible to the originators of art and science, in order to encourage same. It fails dismally on all points. And it's not even good capitalism, as it is based on handing out completely artificial monopolies. Definitely anti-competitive. Other systems could hardly do worse.
Not only should we try other systems, we must. Their business model is toast. Copying immense quantities of data quickly is stunningly easy and cheap today. And it can be as private and anonymous as the participants wish, though mostly people don't bother. Don't need to. It will only get easier and cheaper. These media control freaks are not going to get their way and actually force all humanity to switch to crippled devices that all obey DRM.
Intellectual Property is a monopolistic, selfish, and defective concept. It is "tyranny over the mind of man"
How long before an insurance company brings out 'Copyright Infringment Insurance'? ...
"For a monthly fee of $X, we will pay any settlement costs that are forced upon you."
The price of copying data has dropped to almost nothing. So what? The price of creating the data in the first place hasn't.
As a lifelong musician, I can tell you that "creating the data", in the case of recording and publishing music, has most certainly gone down by orders of magnitude. My blues band has two CDs out on iTunes, AmazonMP3, and about 5 or 6 others and total cost (not counting the equipment we already had, but including the costs of publishing) was around $800, with physical CDs with liner & disc/cover artwork at about $2 each in 100-lots ready for sale as needed, complete with UPC coding/registration.
That's a small fraction of the cost to do the same thing in the '70s...or even the '80s or '90s, for that matter. That's one of the major reasons behind their aggressive attempts to maintain and increase their control of distribution channels, as well as using fear tactics rather indiscriminately against anyone using this, to them, "new intertubes thing" to violate copyright.
The internet is a threat because it's a distribution channel they don't control, so they hope to both scare potential infringers while using them as an excuse to lobby for legislation to increase control of the internet and it's users while removing privacy, anonymity, and individual freedom.
But, hey...as long as they don't have to do anything like adapt to a changing world, what does the hampering of technological progress and the loss of a few rights & freedoms matter, eh? Those lawyers they use to avoid audits of their books and cheat artists aren't cheap, never mind the hookers & blow.
Strat
Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
Copyright is also based on the fundamental truth that no art is created from void and that you OWE us for your education, safety etc. IM not saying that people dont deserve to get paid, but the social contract that is copyright has been extremely distorted to favor content creators, and thats not right either. There needs to be a balance brought back so that works can continue to enter public domain in a reasonable fashion. NO one should be making money from a copyright 50 years after its creation. Thats a drain on our culture and needs to be addressed before we can even begin to talk about 'piracy'.
Good-bye
is it possible for your posts not to be modded up to 5?
Yes, but I'd have to suppress my natural charm, erudition, and fine sense of humor.
Ray Beckerman +5 Insightful