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Show ALL Forums  > Technology/Computers  > Minnesota woman must pay 80,000 per song to the RIAA!      Mod Threads Home login  
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 Author Thread: Minnesota woman must pay 80,000 per song to the RIAA!
 SteelCity1981

Joined: 8/16/2005
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/18/2009 11:07:17 PM
MINNEAPOLIS – A replay of the nation's only file-sharing case to go to trial has ended with the same result — a Minnesota woman was found to have violated music copyrights and must pay huge damages to the recording industry.

A federal jury ruled Thursday that Jammie Thomas-Rasset willfully violated the copyrights on 24 songs, and awarded recording companies $1.92 million, or $80,000 per song.

Thomas-Rasset's second trial actually turned out worse for her. When a different federal jury heard her case in 2007, it hit Thomas-Rasset with a $222,000 judgment.

The new trial was ordered after the judge in the case decided he had erred in giving jury instructions.

Thomas-Rasset sat glumly with her chin in hand as she heard the jury's finding of willful infringement, which increased the potential penalty. She raised her eyebrows in surprise when the jury's penalty of $80,000 per song was read.

Outside the courtroom, she called the $1.92 million figure "kind of ridiculous" but expressed resignation over the decision.

"There's no way they're ever going to get that," said Thomas-Rasset, a 32-year-old mother of four from the central Minnesota city of Brainerd. "I'm a mom, limited means, so I'm not going to worry about it now."

Her attorney, Kiwi Camara, said he was surprised by the size of the judgment. He said it suggested that jurors didn't believe Thomas-Rasset's denials of illegal file-sharing, and that they were angry with her.

Camara said he and his client hadn't decided whether to appeal or pursue the Recording Industry Association of America's settlement overtures.

Cara Duckworth, a spokeswoman for the RIAA, said the industry remains willing to settle. She refused to name a figure, but acknowledged Thomas-Rasset had been given the chance to settle for $3,000 to $5,000 earlier in the case.

"Since Day One we have been willing to settle this case and we remain willing to do so," Duckworth said.

In closing arguments earlier Thursday, attorneys for both sides disputed what the evidence showed.

An attorney for the recording industry, Tim Reynolds, said the "greater weight of the evidence" showed that Thomas-Rasset was responsible for the illegal file-sharing that took place on her computer. He urged jurors to hold her accountable to deter others from a practice he said has significantly harmed the people who bring music to everyone.

Defense attorney Joe Sibley said the music companies failed to prove allegations that Thomas-Rasset gave away songs by Gloria Estefan, Sheryl Crow, Green Day, Journey and others.

"Only Jammie Thomas's computer was linked to illegal file-sharing on Kazaa," Sibley said. "They couldn't put a face behind the computer."

Sibley urged jurors not to ruin Thomas-Rasset's life with a debt she could never pay. Under federal law, the jury could have awarded up to $150,000 per song.

U.S. District Judge Michael Davis, who heard the first lawsuit in 2007, ordered up a new trial after deciding he had erred in instructions to the jurors. The first time, he said the companies didn't have to prove anyone downloaded the copyrighted songs she allegedly made available. Davis later concluded the law requires that actual distribution be shown.

His jury instructions this time framed the issues somewhat differently. He didn't explicitly define distribution but said the acts of downloading copyrighted sound recordings or distributing them to other users on peer-to-peer networks like Kazaa, without a license from the owners, are copyright violations.

This case was the only one of more than 30,000 similar lawsuits to make it all the way to trial. The vast majority of people targeted by the music industry had settled for about $3,500 each. The recording industry has said it stopped filing such lawsuits last August and is instead now working with Internet service providers to fight the worst offenders.

In testimony this week, Thomas-Rasset denied she shared any songs. On Wednesday, the self-described "huge music fan" raised the possibility for the first time in the long-running case that her children or ex-husband might have done it. The defense did not provide any evidence, though, that any of them had shared the files.

The recording companies accused Thomas-Rasset of offering 1,700 songs on Kazaa as of February 2005, before the company became a legal music subscription service following a settlement with entertainment companies. For simplicity's sake the music industry tried to prove only 24 infringements.

Reynolds argued Thursday that the evidence clearly pointed to Thomas-Rasset as the person who made the songs available on Kazaa under the screen name "tereastarr." It's the same nickname she acknowledged having used for years for her e-mail and several other computer accounts, including her MySpace page.

Reynolds said the copyright security company MediaSentry traced the files offered by "tereastarr" on Kazaa to Thomas-Rasset's Internet Protocol address — the online equivalent of a street address — and to her modem.

He said MediaSentry downloaded a sample of them from the shared directory on her computer. That's an important point, given Davis' new instructions to jurors.

Although the plaintiffs weren't able to prove that anyone but MediaSentry downloaded songs off her computer because Kazaa kept no such records, Reynolds told the jury it's only logical that many users had downloaded songs offered through her computer because that's what Kazaa was there for.

Sibley argued it would have made no sense for Thomas-Rasset to use the name "tereastarr" to do anything illegal, given that she had used it widely for several years.

He also portrayed the defendant as one of the few people brave enough to stand up to the recording industry, and he warned jurors that they could also find themselves accused on the basis of weak evidence if their computers are ever linked to illegal file-sharing.

"They are going to come at you like they came at 'tereastarr,'" he said.

Steve Marks, executive vice president and general counsel of the Recording Industry Association of America, estimated earlier this week that only a few hundred of the lawsuits remain unresolved and that fewer than 10 defendants were actively fighting them.

The companies that sued Thomas-Rasset are subsidiaries of all four major recording companies, Warner Music Group Corp., Vivendi SA's Universal Music Group, EMI Group PLC and Sony Corp.'s Sony Music Entertainment.

The recording industry has blamed online piracy for declines in music sales, although other factors include the rise of legal music sales online, which emphasize buying individual tracks rather than full albums.

http://news.yahoo.com/s/ap/us_tec_music_downloading


This is getting way out of control. The RIAA is just one gigantic greed machine set out to ruin peoples lives and this case is a prime example of that.
 SPLENETiK

Joined: 6/10/2009
Msg: 2
Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/18/2009 11:42:40 PM
lmao.. Wow.. That's fricken ridiculous.. Do they not think they make/have enough money already?..
 Steve_Sandy

Joined: 3/19/2006
Msg: 3
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/19/2009 3:40:12 AM
stopped buying music a long time ago, the possibility of trying the music before buying is often not possible, listening to music from jamendo.com, free of charge to download, share with friends etc :)
 SPLENETiK

Joined: 6/10/2009
Msg: 4
Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/19/2009 7:30:32 AM
You should also try "www.pandora.com" or just google "Pandora Radio". I keep that going at work all day. Good way to listen/preview just about ANY artist you want (mainstream & underground of all genres).
 - don

Joined: 4/23/2009
Msg: 5
Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/19/2009 11:23:10 AM
Wow...
DRM is a b;tch,

http://www.zeuux.org/image/apple-and-drm.jpg

http://nixiepixel.com/blog/media/blogs/a/screenshot/drm.jpg

http://en.wikipedia.org/wiki/File:DRM_protest_Boston_DefectiveByDesign.jpg


Did W. ever get in trouble for having The Beatles on his iPod?

& http://www.msnbc.msn.com/id/31395158/ns/us_news-weird_news/
 jaigh_taylor

Joined: 5/4/2009
Msg: 6
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/19/2009 3:49:51 PM
Luckily it sounds like they're going to issue a "due-process challenge" since it's pretty clear the jury had absolutely zero clue as to what the "reasonable punishment" is.

How's that song from Cannibal the Musical go? "Hang the **stard, Hang'em high! Hoist his body to the sky...."
 gx86

Joined: 1/24/2009
Msg: 7
Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/20/2009 11:50:36 AM
And this is why the music industry will never get any sympathy from consumers... put the prices down to a sensible level, stop profiteering et voila sorted. Same goes for the film industry... they make the money from cinema so shouldn't be charging 15 quid a DVD... the pirates have shown people will pay £5 so surely 100% of that is better than 0% of a pricey disc?
 Taste_Valentine

Joined: 6/12/2009
Msg: 8
Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/20/2009 8:36:13 PM
lol

Hahaha! OMG I almost fell out of my chair, yes $80,000 per song is outrageous, but lets not forget, it is a crime still to DL and share!! If she did not want to do the time to go with the crime, she should have learned to cover up her steps ;) hahaha
 SteelCity1981

Joined: 8/16/2005
Msg: 9
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/21/2009 1:57:44 AM

but lets not forget, it is a crime still to DL and share!!


That all depends upon where you are living. In some countries it's not illegal to download and share content.
 Bloke_up_North

Joined: 12/13/2008
Msg: 10
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/21/2009 1:54:29 PM

but lets not forget, it is a crime still to DL and share!!


Can you name any?

and she lives in US where it definately IS an offence.
 SteelCity1981

Joined: 8/16/2005
Msg: 11
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/21/2009 3:20:24 PM

in countries such as Canada and France P2P file sharing has been deemed completely legal much to the delight of users and disgust of broadcasters and content producers. In the case of Canada, the presiding judge ruled that:

I cannot see a real difference between a library that places a photocopy machine in a room full of copyrighted material and a computer user that places a personal copy (of a song) on a shared directory linked to a P2P (music sharing) service.



http://en.onsoftware.com/how-legal-is-p2p-file-sharing/
 iSeal

Joined: 10/17/2007
Msg: 12
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/21/2009 5:53:09 PM

Can you name any?

and she lives in US where it definately IS an offence.


It's not illegal to download in Canada. The artists are compensated for the download through levees collected from recordable media.
 hellgremlin

Joined: 5/23/2009
Msg: 13
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/22/2009 4:49:34 PM
I got into the habit of pirating music every time I read an article about the RIAA suing someone. It feels sooooo good. Like I'm spiting them, somehow.

Currently illegally-p2p-fileshare-warez-pirate-downloading: Gladiator soundtrack!
 Taste_Valentine

Joined: 6/12/2009
Msg: 14
Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/22/2009 5:04:48 PM
Taken from news.cnet.com

"Copyright holder groups such as the Recording Industry Association of America (RIAA) had already been critical of Canada's copyright laws, in large part because the country has not instituted provisions similar to those found in the U.S. Digital Millennium Copyright Act. One portion of that law makes it illegal to break, or to distribute tools for breaking, digital copy protection mechanisms, such as the technology used to protect DVDs from piracy."

"Our position is that under Canadian law, downloading is also prohibited," said Richard Pfohl, general counsel for the Canadian Recording Industry Association. "This is the opinion of the Copyright Board, but Canadian courts will decide this issue."

Canada is where it is at and as far as I am concern .,!,. Corporate USA!



 Dan-F

Joined: 3/8/2009
Msg: 15
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/25/2009 9:26:52 AM
My view on this is, why pay 30 dollars for an album when you only want one song from it that your only going to listen to a few times? It's a waste of money.

Plus, who made the RIAA in charge in the first place? It's run by greedy people who realized that the old way of being greedy wasn't working anymore and decided to modernize there greedy tactics.

But of course, all of this is my opinion and doesn't reflect on anything that I have or haven't done.
 Taste_Valentine

Joined: 6/12/2009
Msg: 16
Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 6/27/2009 1:33:51 PM
The RIAA is American for starters.. and you have a good point, who put them in charge.. Oh wait they just appointed themselves. Yes I love being Canadian, where I am free to be me!!

 Chicagopoolguy

Joined: 7/15/2009
Msg: 17
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 7/19/2009 4:29:47 PM
Have not paid for a CD ro DVD in over 10-15 years. I watch all new release DVDs the day released or sometimes before that. You just have to know where to look and who to share. There are three PRIVATE groups online that have an archive of ALL movies since 1950 (and some before) at your disposal if you can get an invite. Open source torrent trackers like Pirates Bay have most new stuff and you can track back to the people you need to know from there.

Hack the Planet

Knowledge and art should be free.

Share with your fellow man and educate.
 needsomefemz

Joined: 6/16/2009
Msg: 18
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 7/19/2009 10:45:29 PM
I still remember reading this for the first time and only thinking, "who the hell uses Kazaa??"
 Edsta

Joined: 7/19/2008
Msg: 19
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But how'd they choose/catch HER?
Posted: 7/20/2009 6:33:02 AM
I'd be more curious about how "MediaSentry" works...

That woman was using Kazaa which seems way outdated, but how about folks who use uTorrent and Pirate Bay?
 emaghol

Joined: 7/3/2009
Msg: 20
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Minnesota woman must pay 80,000 per song to the RIAA!
Posted: 7/20/2009 9:45:47 AM

Can you name any?


Downloading copyrighted music from peer-to-peer networks is legal in Canada, uploading is not.
http://news.zdnet.co.uk/itmanagement/0,1000000308,39118537,00.htm

A Spanish judge has ruled that downloading copyright files online is legal, as long as it's not for profit.
http://www.pcauthority.com.au/News/149677,spain-rules-downloading-from-p2p-and-bittorrent-is-legal.aspx

P2P Downloading is Now Legal in France
http://netforbeginners.about.com/od/p2plegalitiesandethics/a/p2p_france.htm

and the jist of the usa law.
http://en.wikipedia.org/wiki/Copyrighted_content_on_file_sharing_networks
 emaghol

Joined: 7/3/2009
Msg: 21
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But how'd they choose/catch HER?
Posted: 7/20/2009 9:46:38 AM
Thepiratebay is watched... don't use it.
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