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Defendant owes $222,000 for illegal downloading
Salon and USA Today ^ | Oct 4, 2007 | ThePythonicCow

Posted on 10/04/2007 4:15:18 PM PDT by ThePythonicCow

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To: ThePythonicCow

bttt


21 posted on 10/04/2007 8:02:16 PM PDT by US_MilitaryRules (All my bullets are dipped in PIG fat. How about yours?)
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To: ProtectOurFreedom
"What sort of defense witnesses would you call?"

Expert witnesses that might have been able to create reasonable doubt that what was on her computer was downloaded by her.

They might have been able to claim that her PC was taken over and became a zombie process that downloaded and shared all of those files.

Her getting rid of the harddrive soon after getting the letter from the RIAA puts a bit of a kabosh on this theory, but they could always try.

22 posted on 10/04/2007 8:08:59 PM PDT by who_would_fardels_bear
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To: SoCalRight
Your sarcastic comment presents a false dichotomy.

Putting the best face I can on it, it implicitly takes the position that the law is the law, and should always be respected, because to do any less is to tolerate disobeying any law, any time.

So by that, if I can get a law passed that says you owe me $10,000 if you sing the traditional Happy Birthday song, and if I then manage to overhear your six year old daughter's ten friends singing Happy Birthday to her at the party you hold for her, then I can sue you for $100,000.

Well ... if I could get that law passed, and if I caught you doing that ... wouldn't you owe me the money?

Just laws should be obeyed, and enforced.

And businesses have a right to the profits from their goods and services.

But the RIAA's position here is not entirely just, in my view. They have taken excessive advantage of their power, and of the power available to them via their lobbyists in Washington, D.C., to exact an unfair advantage in the market, and to impose unfair penalties on competition.

23 posted on 10/04/2007 8:14:35 PM PDT by ThePythonicCow (The Greens steal in fear of pollution, The Reds in fear of greed; Fear arising from a lack of Faith.)
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To: Castlebar
Is the RIAA also going after people for Limewire downloads? My tech savvy teenagers are swearing to me that it isn't; I'm skeptical.

Limewire, bearshare, Kazaa, etc.

All subject to the same issues. I'm a tech Savvy 40 something who does this for a living. If your teens are doing this, you need to block some ports on your router.

If they need to steal, do it on torrents for flippin sake. On a torrent, if you don't go over 1.0 leech/seed, they can't say you ever gave someone an entire copy.

24 posted on 10/04/2007 8:18:23 PM PDT by Malsua
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To: ThePythonicCow

don’t do the crime if you can’t do the time. Stealing is stealing.


25 posted on 10/04/2007 8:19:19 PM PDT by balch3
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To: ProtectOurFreedom

My understanding ( I may be wrong ) was that they never had the actual hard drive to prove it was on her computer. They just traced it to her IP address. An easy defense would have been she had an unsecured open wireless access point to her DSL modem. Not being tech savy and knowing that you had to secure the access points, she could have claimed she was the victim of someone hijacking her internet access.


26 posted on 10/04/2007 9:01:37 PM PDT by TheCipher
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To: Malsua

So, you’re saying bit torrents are files they can’t catch you on?


27 posted on 10/05/2007 3:29:13 AM PDT by MrLee (Sha'alu Shalom Yerushalyim!! God bless Eretz Israel.)
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To: MrLee
you’re saying bit torrents are files they can’t catch you on?

No. Not saying that at all. I'm saying that to date, they're only going after the original seeder. It's also more difficult to track down leechers on a torrent, specially if the torrent doesn't have a tracker.

28 posted on 10/05/2007 3:52:16 AM PDT by Malsua
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To: SoCalRight

I get paid every month for doing absolutely NOTHING. Retirement pensions are a novel idea!
There is NO difference between what people who download do and recording songs off the radio with a tape recorder in the good ole days . If you buy a CD it is your property. BTW, What is the difference of getting a CD at the library and listening to it ? The library purchases one copy and hundreds, maybe thousands listen to it when they check it out .


29 posted on 10/05/2007 4:01:20 AM PDT by Renegade
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To: ProtectOurFreedom

Some kind of computer geek that could confuse the issue with reasons she might not have done it even though it looked like she did.


30 posted on 10/05/2007 4:59:29 AM PDT by jim_trent
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To: skr
I doubt the RIAA will share the $385.42 per song they’re getting. She should pay for her crime, but not for more than the crime is worth.

It was $9,250 per song. The law allows for $700-$30,000 for non-willful infringement, and $150,000 per song for willful infringement. The idea of such statutory damages is not wrong in itself. Imagine you wrote a free, open source program, and a software company sticks it in their product without adhering to the license. The actual damages you can demand are zero, but the law allows you to get $150,000. This makes for just compensation and deterrence even when the monetary value of the work is small or nothing.

I am surprised they got so much though. She obviously didn't think she was infringing, so she could have had it cut to $200 per song.

31 posted on 10/05/2007 5:41:11 AM PDT by antiRepublicrat
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To: jim_trent
Some kind of computer geek that could confuse the issue with reasons she might not have done it even though it looked like she did.

Does anybody here honestly think she wasn't willfully trading songs?

32 posted on 10/05/2007 5:46:10 AM PDT by antiRepublicrat
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To: skr

Forgot, from a business point of view it also works because authors often have no idea how many copies were distributed. She could have distributed 10,000 copies of each of those 24 songs in that time, making the damages about what they cost online.


33 posted on 10/05/2007 5:50:03 AM PDT by antiRepublicrat
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To: antiRepublicrat

No, but by not putting up any defense, she HAD to defense.

She sure made it easy for RIAA Ior whatever they are called). If I believed in conspiracies, I might wonder if they arranged for the person in the very first trial to take a dive. That will be used a precedent in all cases from now on.


34 posted on 10/05/2007 7:07:25 AM PDT by jim_trent
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To: antiRepublicrat

“she HAD to defense.” should be “she had NO defense.”


35 posted on 10/05/2007 7:08:39 AM PDT by jim_trent
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To: antiRepublicrat

Thanks for the info.


36 posted on 10/05/2007 11:21:24 PM PDT by skr (Car bombs and IEDs are the exclamation marks for the latest Democrats' talking points.)
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