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Thread: 24 illegal song downloads cost US woman 220,000 dollars

  1. #1
    Pilferd's Avatar Poster
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    ppl still use Kazaa?

    http://www.cbsnews.com/stories/2007/...n3330186.shtml

    The recording industry won a key fight Thursday against illegal music downloading when a federal jury found a Minnesota woman shared copyrighted music online and levied $222,000 in damages against her.

    Jurors ordered Jammie Thomas, 30, to pay the six record companies that sued her $9,250 for each of 24 songs they focused on in the case. They had alleged she shared 1,702 songs online in violation of their copyrights.

    Thomas and her attorney, Brian Toder, declined comment as they left the courthouse. Jurors also left without commenting.

    "This does send a message, I hope, that downloading and distributing our recordings is not OK," said Richard Gabriel, the lead attorney for the music companies.

    In the first such lawsuit to go to trial, six record companies accused Thomas of downloading the songs without permission and offering them online through a Kazaa file-sharing account. Thomas denied wrongdoing and testified that she didn't have a Kazaa account.

    Record companies have filed some 26,000 lawsuits since 2003 over file-sharing, which has hurt sales because it allows people to get music for free instead of paying for recordings in stores. Many other defendants have settled by paying the companies a few thousand dollars.

    We think we're in for a long haul in terms of establishing that music has value, that music is property, and that property has to be respected.
    Cathy Sherman, RIAA President
    The RIAA says the lawsuits have mitigated illegal sharing, even though music file-sharing is rising overall. The group says the number of households that have used file-sharing programs to download music has risen from 6.9 million monthly in April 2003, before the lawsuits began, to 7.8 million in March 2007.

    During the three-day trial, record companies presented evidence they said showed the copyrighted songs were offered by a Kazaa user under the name "tereastarr." Their witnesses, including officials from an Internet provider and a security firm, testified that the Internet address used by "tereastarr" belonged to Thomas.

    Toder had argued at closing that record companies never proved that "Jammie Thomas, a human being, got on her keyboard and sent out these things."

    "We don't know what happened," Toder told jurors. "All we know is that Jammie Thomas didn't do this."

    Gabriel called that defense "misdirection, red herrings, smoke and mirrors."

    He told jurors a verdict against Thomas would send a message to other illegal downloaders.

    "I only ask that you consider that the need for deterrence here is great," he said.

    Copyright law sets a damage range of $750 to $30,000 per infringement, or up to $150,000 if the violation was "willful." Jurors ruled that Thomas' infringement was willful, but awarded damages in a middle range.

    Before the verdict, an official with an industry trade group said he was surprised it had taken so long for one of the industry's lawsuits against individual downloaders to come to trial.

    Illegal downloads have "become business as usual, nobody really thinks about it," said Cary Sherman, president of the Recording Industry Association of America, which coordinates the lawsuits. "This case has put it back in the news. Win or lose, people will understand that we are out there trying to protect our rights."

    Thomas' testimony was complicated by the fact that she had replaced her computer's hard drive after the sharing was alleged to have taken place - and later than she said in a deposition before trial.

    The hard drive in question was not presented at trial by either party, though Thomas used her new one to show the jury how fast it copies songs from CDs. That was an effort to counter an industry witness's assertion that the songs on the old drive got their too fast to have come from CDs she owned - and therefore must have been downloaded illegally.

    Record companies said Thomas was sent an instant message in February 2005, warning her that she was violating copyright law. Her hard drive was replaced the following month, not in 2004, as she said in the deposition.

    The record companies involved in the lawsuit are Sony BMG, Arista Records LLC, Interscope Records, UMG Recordings Inc., Capitol Records Inc. and Warner Bros. Records Inc.

  2. File Sharing   -   #2
    phrenzy's Avatar Baked BT Rep: +10BT Rep +10
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    so keep using it guys.. Makes me feel better torrenting... and safer

  3. File Sharing   -   #3
    AmpeD's Avatar the o'lol factor BT Rep: +10BT Rep +10
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    shes an idiot:
    -she used kazaa
    -she thought she could win and didnt settle but chose to go to trial

  4. File Sharing   -   #4
    Night0wl's Avatar GoaHead BT Rep: +6BT Rep +6
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    If you looked at the case, you would know that the share folder with those 24 songs was from sometime back in 2005.

    And with better representation she probably would have won. They had no proof of her having any filesharing program, and the songs in question weren't produced as evidence either as her harddrive had been replaced.

    I would like to see how the appeal goes.
    Quote Originally Posted by TheFoX View Post
    In the old days, if you misbehaved on a tracker, you got disabled, or worse, IP banned.

    Nowadays, there are more trackers than there are members, so if your tracker misbehaves, they get bookmark removed, or worse, URL deleted.

  5. File Sharing   -   #5
    thewizeard's Avatar re-member BT Rep: +1
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    http://www.news.com/8301-10784_3-979...tag=nefd.pulse

    Yes saw that...the story continues hopefully

    Quote Originally Posted by von Lohman
    "There are a lot of copyright lawyers who would be interested in helping her if she wants to continue this," von Lohmann said. "I'd imagine that she doesn't want to pay $200,000. We'll see what she wants to do." ..

  6. File Sharing   -   #6
    AugustoP's Avatar Poster BT Rep: +1
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    Quote Originally Posted by Blue_Skies View Post
    If you looked at the case, you would know that the share folder with those 24 songs was from sometime back in 2005.

    And with better representation she probably would have won. They had no proof of her having any filesharing program, and the songs in question weren't produced as evidence either as her harddrive had been replaced.

    I would like to see how the appeal goes.
    There *is* evidence that her PC was used to share files over the Internet. And let's be honest, it's highly unlikely that she didn't knew about it.
    Girl's just stupid, she should've settle.
    Last edited by AugustoP; 10-05-2007 at 11:20 AM.

  7. File Sharing   -   #7
    DISABLED PRIVS BT Rep: +7BT Rep +7
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    wow shes realy not smart lol

  8. File Sharing   -   #8
    peat moss's Avatar Software Farmer BT Rep: +15BT Rep +15BT Rep +15
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    Quote Originally Posted by IGetMoney View Post
    wow shes realy not smart lol
    Ah their both dumb , 24 illegal songs = 224,000 not 220,000 .

  9. File Sharing   -   #9
    Living on the edge BT Rep: +4
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    no may be she doesn't know abt it about ya she should've settle

  10. File Sharing   -   #10
    DISABLED PRIVS BT Rep: +7BT Rep +7
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    Sharing 24 songs means you're single-handedly killing the music industry.
    With this case the RIAA was saying, "You see? We're suing her for 24 songs. Imagine what we will do to you when we find your 2,000 songs."

    Also... the username she used on Kazaa was the same one she used on other sites.
    whaaaat

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