reposted from 8-1-09:
by Glenn Littrell
I’ve been trying to warn people about the potential problems with downloading music. Innocent downloader's are being sent bills for thousands of dollars because a file, bought by them online, has shown up on someone's website. The fines are so steep and the law so one sided that out of court settlements for thousands of dollars are the rule not the exception:
“After admitting that he is liable for having “uploaded and downloaded music” illegally, Boston University graduate student Joel Tenenbaum faces some potentially steep fines. The jury, which will meet late today, has already been told by the judge that Mr. Tenenbaum must pay for pirating music. But they will decide if he did so “willfully.”
That’s the difference between a $22,500 payment to the record industry and a $4.5 million one.
Federal law states that juries may award $750 to $30,000 for each of the 30 songs that Tenenbaum apparently pirated. But if the music label’s copyrights were infringed upon “willfully,” then damages could reach $150,000 per song…
The Boston Globe wrote that this is “only the second of thousands of music downloading complaints filed by the industry to go to trial. Most defendants settle out of court for $3,000 to $5,000.”
The other trial, against Jammie Thomas-Rassset, started with the jury awarding $9,250 per song. During her appeal, that number rose to $80,000 for each of the 24 songs that she illegally shared. The total: $1.92 million…”
read the full article: RIAA trial: Is $150,000 per pirated song a fair punishment? | csmonitor.com
When you download [purchased or free] can the file be encrypted with your personal info that you usually have to give to register or sign on? If it isn’t now it probably will be in the future. If your mp3 player is lost or stolen, or you let someone copy your music files and anyone of them ever shows up on the internet through Peer To Peer networking can the music industry retrieve any personal info. If so, or when, you will get one of those bills. I don’t touch downloading or sharing music online in any way, shape or form since the industry, which is losing millions to pirating and sharing have the lobbies to create laws that entrap people, yes kids too, as away of sustaining there excessive profits and lifestyles. Glenn
note: Joel was found guilty of uploading/downloading copywrited songs and fined $675,000 dollars, which was reduced on appeal to $67,500. That’s just for 31 songs…that’s over $2,000 per song!!!!
“Under Section 504(c) of the Copyright Act, the jury may award statutory damages of between $750 and $30,000 per infringed song in the case of “regular” or nonwillful infringement. If, however, the jury finds infringement to be willful, the maximum it may award jumps five-fold, to $150,000 per song.”
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