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Woman fined $1.9 million for 24 illegal song downloadsFollow

#27 Jun 19 2009 at 9:32 AM Rating: Excellent
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Ahkuraj wrote:
The judgement wasn't just for her downloading and using the songs. The jury decided she was distributing them.


I agree, this is why she got the stiffer penalty. The annoying thing is... there was ZERO evidence of this. The prosecutors said it themselves; Kazaa doesn't keep records, so there was no way to PROVE anyone downloaded from her besides the music industry's own download.
#28 Jun 19 2009 at 10:28 AM Rating: Decent
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The annoying thing is...


Yep.
#29 Jun 19 2009 at 10:41 AM Rating: Decent
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Turin, Eater of Souls wrote:
I'd like to know why exactly it's federal law that you can be fined up to 150k dollars for stealing something that only costs one or two dollars. That just seems absurd to me.


The same reason that when you forget to put 25cents in the parking meter they can tow your car away, fine you $150 for the illegal parking and another $250 to get your car out of impound. Its just fUcked up that way.
#30 Jun 19 2009 at 11:14 AM Rating: Good
It's much easier to prove on something like BitTorrent. Azureus keeps a nice detailed record of my share ratio, and if you download a torrent, chances are you also uploaded at least part of the file.

But Kazaa was just straight peer to peer connections.
#31 Jun 19 2009 at 11:26 AM Rating: Decent
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Deathwysh wrote:
Turin, Eater of Souls wrote:
I'd like to know why exactly it's federal law that you can be fined up to 150k dollars for stealing something that only costs one or two dollars. That just seems absurd to me.


The same reason that when you forget to put 25cents in the parking meter they can tow your car away, fine you $150 for the illegal parking and another $250 to get your car out of impound. Its just fUcked up that way.
Not really the same thing. Imagine if the fine was 1 million dollars and it cost another 1 million to get the car out of impound.
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#32 Jun 19 2009 at 11:36 AM Rating: Excellent
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So it IS the same thing, just in a different degree.

One is municipal and the other is private, would be the biggest difference I see. There'd be a ********* if a city government charged anything like the same amount of money.

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#33 Jun 19 2009 at 11:42 AM Rating: Good
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I am one who also rather buys cd's directly from the Artists and cut out the middlemen. Jonwin and I love to show our support to writers, musicians and artists, when we can and give much of the art we buy each year as gifts. After years of going to shows and meeting many of them, we've gain many friends.

Listening to my new ego likness cd, West.

too lazy today to provide links, Google them and enjoy. They can also be found on FB, Lj, MySpace and Twitter.

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#34 Jun 19 2009 at 11:52 AM Rating: Decent
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Samira wrote:
So it IS the same thing, just in a different degree.
5,000x as harsh a fine is different enough for me.
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#35 Jun 19 2009 at 11:58 AM Rating: Decent
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I am one who also rather buys cd's directly from the Artists and cut out the middlemen.


Can artists actually do this? I mentioned the same sort of thing in my post but I don't know how possible it is because I just don't know if the record label would cockblock it, or worse yet, just take a large cut from any CD's sold that way. I'm talking about artists who have signed with a label of course.

I just can't imagine a huge capitalistic institution leaving open a loophole like this when they draw up the contract.
#36 Jun 19 2009 at 12:13 PM Rating: Excellent
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I assume that, if the album is printed on a commercial label, the artist is buying from the label for the purpose of reselling at the show. So I guess they make the couple bucks over wholesale instead of Best Buy getting it, but they're not pocketing $15 per sale.

Likewise, I've noticed that many "Buy our CD" links on musicians' pages actually take you to some retail merchant site such as Amazon.
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#37 Jun 19 2009 at 12:28 PM Rating: Decent
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Ego Likness made West on their own as they are between recording labels. West was just a limited run of 300 disks that they recorded and had pressed. I tend to think it's like having a limited edition prints of a painting done.

I have an orginal drawing, scanned imagine on a CD-Rom and only had 5 copies made of the 50 I hope to sell. Costs me about $12 a print, for archival paper and ink, so my minimum price for one is $15.

Kurt Miller finds it easier to just take his printer to shows and make prints on demand.
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#38 Jun 19 2009 at 2:59 PM Rating: Good
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Later this month I bet she's in bankruptcy court turning this ~2 million penalty into a $400 check to the RIAA.
#39 Jun 19 2009 at 3:44 PM Rating: Good
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Wait... she used Kazaa? People still use Kazaa?

Are they sure those were 24 actual songs, and not just bestiality and child **** renamed as popular music files?
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#40 Jun 19 2009 at 8:04 PM Rating: Decent
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Xsarus wrote:
according to the one article the settlement offer is still on the table.

That's a really smart move by the RIAA if it's true.


At least that way they'd actually get some money.
#41 Jun 19 2009 at 9:35 PM Rating: Excellent
I think the judge should of ordered the fine to be split across all the artists that she stole from and not give the RIAA a damn penny of it. Greedy asses they are...
#42 Jun 20 2009 at 12:28 AM Rating: Decent
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This is why I have always disabled uploads whenever using any type of p2p program. Smiley: lol Torrents however, are different. :3

TirithRR wrote:
Wait... she used Kazaa? People still use Kazaa?

Are they sure those were 24 actual songs, and not just bestiality and child **** renamed as popular music files?


In 2004 I'm pretty sure a lot of people still used kazaa.

Edited, Jun 20th 2009 4:29am by Deadgye
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#43 Jun 20 2009 at 12:51 AM Rating: Decent
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In 2007 one of my friends wanted to show me a dave chappelle skit about what it would be like if president bush was black. He typed "black bush" into kazaa to search for it.

Many lulz were had.
#44 Jun 20 2009 at 4:17 AM Rating: Decent
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It seems the point of this story is being missed: Juries are full of fucking morons.
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#45 Jun 20 2009 at 5:17 AM Rating: Decent
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Smasharoo wrote:
It seems the point of this story is being missed: Juries are full of fucking morons.


And they shall be tried by their peers.
#46 Jun 20 2009 at 8:51 AM Rating: Good
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Jophiel wrote:
I assume that, if the album is printed on a commercial label, the artist is buying from the label for the purpose of reselling at the show. So I guess they make the couple bucks over wholesale instead of Best Buy getting it, but they're not pocketing $15 per sale.

Likewise, I've noticed that many "Buy our CD" links on musicians' pages actually take you to some retail merchant site such as Amazon.


I cant say for bands that are on a well known record label, but I know Mr. DSD used to be in charge of selling his bands CDs via Amazon. At least with Amazon they have a set % cut they will take and the artists have the ability to price their music to what they want in order to bring in the net they want. I know with Mr DSD's band the amount they were getting back was enough to cover the costs of recording and creating the CDs, plus a little left over to put in the bank for future tours or recordings.
#47 Jun 20 2009 at 11:01 AM Rating: Good
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I read this and was just left thinking of Laurel and Hardy "Another fine mess you got me into" Smiley: dubious

But seriously, this looks like a case where the fine is not appropriate to the crime in any way shape or form. In such cases, this often backfires on the initial winner. Are people not sued less for murder in the US?
#48 Jun 20 2009 at 11:30 AM Rating: Decent
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Thats ******* amazing, just got done with a Business focused law class, and a good part of the last section of the class was focusing on how the supreme court felt that punitive damages should only be in a 1-10 ratio to the actual damages based on reprehensibility.

Example: You sell a car and fail to notify the new owners of an engine problem you didn't know about, the car breaks down on the high way and causes a crash. The actual damage was 20,000 dollars and they sue you. The court should award between 20k to 60k in punitive damages if at all.

Example 2: You own a car dealership and sell lemons when you know they are lemons. Causes crash and you get hit with 100k to 200k in punitive damages.

In this case 24 songs is about 24 bucks in actual damages, at most 1000 bucks if you shared them for a while, which idk if they can blame you for other people downloading them from you. So punitive damages of about 200,000 times actual damages....yeah that ******* makes sense.
#49 Jun 21 2009 at 9:26 AM Rating: Excellent
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They are just trying to make an example out of her and its wrong.
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#50 Jun 21 2009 at 10:07 AM Rating: Decent
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I understanding making an example, but since everyone has done it at some point in their life. Its like giving 1 random pot head 25-life.
#51 Jun 21 2009 at 10:32 AM Rating: Good
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HunterGamma wrote:
I understanding making an example, but since everyone has done it at some point in their life. Its like giving 1 random pot head 25-life.


You mean like the three strikes laws?
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