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Song downloads may cost S.A. woman $40,000
San Antonio Express-News ^ | 03/04/2010 | Guillermo Contreras

Posted on 03/04/2010 7:59:16 AM PST by Responsibility2nd

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To: Responsibility2nd

HMMM? Did someone miss something in this suit? Most of those who have been charged it wasn’t for downloading but for uploading and sharing?


61 posted on 03/04/2010 9:23:41 AM PST by chris_bdba
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To: rabscuttle385

NOT GUILTY! and NOT GUILTY!


62 posted on 03/04/2010 9:24:19 AM PST by moehoward
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To: chris_bdba

No, I don’t think anything was missed. See post 39 and 41.


63 posted on 03/04/2010 9:25:01 AM PST by Mr Fuji
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To: Mr Fuji
Oh, OK! Guess I'm the one who needs to get a sense of humor!
64 posted on 03/04/2010 9:25:37 AM PST by Still Thinking (Freedom is NOT a loophole!)
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To: Still Thinking

Ah, but I would make sure to be a member of the MIAA!


65 posted on 03/04/2010 9:26:54 AM PST by AmishDude (It doesn't matter whom you vote for, it matters who takes office.)
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To: SevenofNine
http://www.youtube.com/watch?v=em_zme9jrX8
66 posted on 03/04/2010 9:27:01 AM PST by monkapotamus
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To: Perdogg

OK that is what I thought. Most who have downloaded once or twice will probably never hear a thing about this, it is those who uploaded that the record companies go after.She should’ve accepted the lower amount and just paid it. Copyright violations can go up to more than that for each violation!


67 posted on 03/04/2010 9:27:49 AM PST by chris_bdba
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To: Responsibility2nd

Hope they don’t get me for all the highspeed dubbing I did when I was a teenager.


68 posted on 03/04/2010 10:11:39 AM PST by Married with Children
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To: Still Thinking
"Well, I know she did the crime, but the penalty is disproportionate and I have no way to modify it but to find in her favor. Maybe next time the labels pay to have a law passed they'll put in a more reasonable penalty. Then I might uphold it."

Yes, I'm sure that when the now-existing Copyright Act was passed in 1976, the record labels were salivating at the opportunity to nail people who didn't pay 99 cents to download .mp3s.

69 posted on 03/04/2010 10:46:02 AM PST by Publius Valerius
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To: Above My Pay Grade
The recording industry has been given special privilges to receive judgments that are 75,000% higher than their actual damages

That's just not true. The statutory damages in any copyright infringement claim are between $750 and $30,000, unless the infringement was willful or innocent. The record industry doesn't have some special law. They follow the same rules as everyone else.

$750.00 is unconscienable, especailly when we are dealing with a minor, IMO.

How? The law is there for everyone to see. These people made a decision to steal the work of others, now they are paying. In this case, the girl shouldn't have filed an appeal; she would have walked away with a much smaller fine. Not only was she an infringer, she was stupid.

70 posted on 03/04/2010 10:51:47 AM PST by Publius Valerius
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To: Ingtar
Teenagers routinely get away with murder because they are “too young.” How is it they are automatically charged as an adult on this lesser crime?

Because it's not a crime, it's a civil suit. There is no rule allowing minors to avoid civil liability.

71 posted on 03/04/2010 10:52:41 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Señor Zorro
Likewise, being penalized ~$40k for "stealing" 37 songs cannot be said to fit the crime.

Less than $1000 fine per theft? Seems perfectly reasonable to me. Comparing a $750 fine to chopping off hands is interesting, though.

72 posted on 03/04/2010 10:53:16 AM PST by Publius Valerius
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To: Responsibility2nd; a fool in paradise; Slings and Arrows
I wrote the lyrics to Jingle Bells, Batman smells. You all owe me!
73 posted on 03/04/2010 10:54:54 AM PST by Revolting cat! (Let us prey!)
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To: kcvl
I wonder who paid for the boob job?!

Indirectly, the starving recording artists and executives!

74 posted on 03/04/2010 10:56:13 AM PST by Revolting cat! (Let us prey!)
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To: TChris
Judges should body-slam RIAA lawyers at every opportunity, forcing them to actually PROVE damages, for example, rather than theorize and estimate. At the worst, proven, actual damages should be limited to 3x market value (Or 3x about $1 per song), and punitive damages should be similar to shoplifting fines. She should be looking at $1000 - $2000 in damage, tops. Courts should stop being a perverse revenue stream for the RIAA.

Your argument isn't with the courts, it's with Congress, which wrote into the copyright law a provision for automatic damges for copyright infringement-- $200 per work infringed if done innocently, otherwise $750 per work. Those are minimums. It's not up to the courts.

75 posted on 03/04/2010 10:59:28 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: rabscuttle385
Dude, have you got a wrong Whitney!

(This one's guilty!)

76 posted on 03/04/2010 11:01:38 AM PST by Revolting cat! (Let us prey!)
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To: Responsibility2nd

Did your kids ever tape songs off the radio? The RIAA wants to KNOW!


77 posted on 03/04/2010 11:04:48 AM PST by a fool in paradise
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To: Wolfie

Anyone who ever photocopied a page out of a book or article for anything other than “educational purposes” committed a copyright theft.


78 posted on 03/04/2010 11:06:19 AM PST by a fool in paradise
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To: svcw

8 years ago the companies didn’t want to sell the songs they held for 0.99 cents a song.

We’ve now seen the 10 billionth download from itunes (Johnny Cash “I Guess Things Happen That Way” to a 13 year old).


79 posted on 03/04/2010 11:08:53 AM PST by a fool in paradise
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To: a fool in paradise

Is that the kid who got the $10,000 gift card to itunes? (Ok, maybe that’s an internet myth.)


80 posted on 03/04/2010 11:10:36 AM PST by svcw (If you are going to quote the Bible know what you are quoting.)
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