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View Full Version : Woman fined 1.9 million dollars for illegal download


Thomas Knierim
22nd June 2009, 09:47 AM
An American single mother was fined 1.9 million USD for illegally downloading 24 songs from the Internet and sharing the same in a peer-to-peer network. The court charged her 80,000 USD per song which she could have legally acquired for 24 USD (one dollar each). See: news story (http://www.earthtimes.org/articles/show/273911,woman-fined-19-million-dollars-for-illegal-download.html).

Irrespective of what one might think about Internet piracy, this verdict is outrageous. Quite obviously, the case is being used for public deterrence and intimidation on behalf of the music industry. In my view, it also shows a deep perversion of the American legal system. The defendant is left with no other choice than declaring private bankruptcy.

Earlier this year I made a fairly disappointing experience with the music industry myself. I subscribed to emusic.com to (legally!) download music. After only 10 days the service stopped working. It turned out that emusic.com had withdrawn from several countries, including Thailand. They did so without informing their customers.

I took me three weeks and repeated emails to get emusic.com to respond at all. They informed me that the service is no longer available and that my subscription fee was to be refunded, which they did, but only after I wrote a letter threatening to initiate a chargeback procedure that would have been more expensive for emusic.com.

A few months later I began to receive spam addressed to the email address I had used for emusic.com. I can assign emails quite easily, because I use a unique email address for each subscription. In this case it was emusic@... Though I don't have conclusive evidence, I must assume that emusic.com has sold their ex-customers email database to spammers, since I did not use this address anywhere else.

The way emusic.com treats their customers can only be described as cynical.

Furthermore, cynism appears to be defining attitude of the music industry these days, judging from the recent American verdict.

One can only hope that these are the spasms of a dying industry.

Cheers, Thomas

the_aphid
22nd June 2009, 01:49 PM
Irrespective of what one might think about Internet piracy, this verdict is outrageous. Outrageous indeed! Nearly 2 million for music by No Doubt, Sheryl Crow, Gloria Estefan and Linkin Park?!? I personally wouldn't have even spent a penny, let alone 99, for songs from those artists. :lol:

I will admit that music and video piracy is easily my 'darkest' activity these days. I won't get into the numbers and all, but I have 2x1TB external hard-drives for storing digital music, movies, television shows, and documentaries. I am certain that at $80,000 a song, I would be owing billions.

I justify it to myself by purchasing and collecting vinyl records for all the stellar albums I come across, by going to the occasional concert when a favorite musician/group comes to town, and by deleting all the music I download and do not find appealing. But really I convince myself that the art of musical expression is not and should not be about money, and truly most of the musicians I listen to have expressed the same opinions. I mean, Radiohead releasing In Rainbows for whatever price you wanted to donate, that was pivotal. And because I am such a fan of theirs I ended up spending the $80.00 for the vinyl/cd set to add to my collection before even listening to the album.

But anyways, I might be disputing the matter with my conscience, but at least here in Canada I don't have to worry about disputing the matter in court.

Downloading dents Canuck song biz (http://www.variety.com/article/VR1117939142.html?categoryid=19&cs=1&nid=2570)
Canada hasn't updated copyright legislation to cover digital music. Consequently, it has the highest online piracy rate per capita in the world, according to the Intl. Federation of the Phonographic Industry; the CRIA says 1.6 billion music files are swapped annually.

In 2004 the Supreme Court ruled that Internet service providers don't have to pay royalties to artists and songwriters for illegally downloaded digital music files. Last March, the Federal Court ruled music file-sharing on the Internet was legal and that neither downloading nor sharing digital music online infringes copyright.

MelissaTaylor
29th June 2009, 12:03 PM
It really bothers me that the people who charged her with this fine didn't realize that what they were doing was even ramotely wrong. 2 million dollars is obviously WAYYYYY too much to be fining someone who dowloaded only 24 songs. She's a single mother of 4 children; her life is completely ruined now.
There are people out there who download thousands of songs and get away with it. There's no way you can call this "justice".

I don't really have anything against dowloading music for free. I just wonder how many people actually get caught doing it. I also wonder HOW people get caught doing it. How did this woman in particular get caught while millions of others don't?

the_aphid
29th June 2009, 01:42 PM
I have been thinking more about this case recently, and I have come to the conclusion that if I were one of the 'artists/musicians' associated with these charges, I couldn't simply stand by and watch. I understand it is not the artists themselves charging the woman, it is the music industry with which they are associated. However, if I were Gwen Stefani, or any of the members of Linkin Park (god forbid), with the amount of money I had in the bank I would personally absolve this women from the ludicrous charges being delivered. $80,000 for a half-dozen songs minus the retail-cost of those songs, and at the very least I would make the statement that while I do not endorse the illicit download of copyrighted material, that the punishment being delivierd is far more unjust than the crime. I would even bet money that with the positive media coverage provided by taking such an action that you would make that money back before the year is out.

kris
5th July 2009, 05:06 AM
I sympathize with woman. But she is lot luckier than these four Somali men (http://www.suntimes.com/news/world/1633908,w-somalia-sentence-amputation-062209.article).