RIAA Seeking $1 Million in Damages from a Student for Sharing 7 Songs on Kazaa

RIAA Seeking $1 Million in Damages from a Student for Sharing 7 Songs on Kazaa

profy.com

Harvard Law School Professor Charles Nesson and his students will defend Rhode Island residents Arthur and Judie Tenenbaum from RIAA that is accusing their son Joel of sharing a total of 7 songs on Kazaa file sharing network. The damages Joel and his parents are facing could be more than $1 million.

(visit the link for the full news article)

What kind of a messed up world are we living in, when a college kid can be sued for $1,000,000 for sharing 7 songs at the same time tax payers are giving billions to companies and CEO's that are responsible for bringing down the global economy?

This is just a shining example of how the system is set up and whom it is set up to serve. We live in a system that is 100% set up to protect corporations.

profy.com
(visit the link for the full news article)

reply to post by Karlhungis


What are 7 songs at download costs these days?

$6.93 ?

I think they should judge in favor of the plaintant for $6.93 and then charge the plaintant 1 million for filing frivolous lawsuits.

Well its called copyright violations and its basically stealing from the artist.

If you were the artist or band that wrote and created that work, and someone ripped you off six bucks or so for the songs, times how manu hundreds of thousands if not millions of dowloaders, add that up and thats what your band and talent just lost.

I think the punishement fits the crime.



Cheers!!!!

Hell, let's just boycott the music industry till they get their dogs chained up.
We should just buy music from people who have no affiliation with the RIAA. Hard to buy a CD when 9 out of the 10 song sucks.

reply to post by RFBurns

I think the punishement fits the crime.

Seriously? How in the world can you justify that? Scooter Libby commits treason and gets a $250,000 fine. You think that sharing 7 songs is 4x as offensive as that?

Originally posted by RFBurns
Well its called copyright violations and its basically stealing from the artist.

If you were the artist or band that wrote and created that work, and someone ripped you off six bucks or so for the songs, times how manu hundreds of thousands if not millions of dowloaders, add that up and thats what your band and talent just lost.

I think the punishement fits the crime.



Cheers!!!!

It's not stealing from the artist, it's even more serious than that... it's stealing from the recording companies.
There was an article a year or so back about the RIAA prosecutions of file sharers which was quite eye opening. At that time, they had recovered about $400Million worldwide in fines from successful prosecutions of both individuals and web site owners and companies for copyright violations.
How much of that money recovered had been passed on to the artists? Absolutely $0 is how much.

It was estimated that by the time the recording companies and the RIAA lawyers had taken their cut, there would be little, if anything, left to pass along to the artists. So, this has nothing to do with protecting the livelihood of the performers, who generally make their money from live performances anyway, and is geared to providing a nice little earner for the lawyers and the recording companies.

Originally posted by RFBurns
Well its called copyright violations and its basically stealing from the artist.

If you were the artist or band that wrote and created that work, and someone ripped you off six bucks or so for the songs, times how manu hundreds of thousands if not millions of dowloaders, add that up and thats what your band and talent just lost.

I think the punishement fits the crime.

Wow... NO! It definitely does not fit the crime at all! A person would probably get in far less trouble for physically stealing something from a store. Going really far over the speed limit is a common, potentially dangerous thing that many people do. There's no million dollar fine for that!

A band usually makes less than a dollar per CD (with exceptions here and there). Usually somewhere around 10 to 50 cents. The band doesn't get the rest of that money. The rest goes to the RIAA and others in the industry. Bands make most of their money from merchandise and concerts. The band will see MUCH more money from someone if he downloads the band's CD for free and then buys a shirt at a concert. In the uncommon cases that a band does happen to make a few dollars per CD sold, it's still better to buy merchandise and go to concerts.

And I'm sure an unfortunate student can afford to pay a million dollars. His life could be ruined because some people at the RIAA wanted to be richer! Think about it carefully. It's just disgusting! And it's all because they potentially could have maybe possibly not made some money hypothetically.

[edit on 16-12-2008 by GrayFox]

People still use Kazaa? That is so 8 years ago. Wow, just wow.

As for the person who thinks the punishment fits the crime, what do you propose for people with mp3 collections of hundreds of gigs? Hanging offence? LOL this world is ludicrous.

reply to post by GrayFox


And that is exactly why if a band I like comes to little old New Zealand, I will support them by turning up to their show.
As someone who's had a bit to do with the entertainment industry/bands yady ya I know they don't really make much at all from CD's, (as pointed out earlier) but more from concerts. Much more. They go on holiday, do a few concerts and pay for it. Great way to see the world.

RIAA is just like revenue gathering via speeding fines etc.

this whole thing is pretty stupid....

I've been all for "stealing" songs off the net for years now. The music industry has to end....or change. All mainstream music is basically the same recycled crap. Screw the record companies i wanna see em fail because technology has passed them by. Of course if they do, they'll probably be screamin for a bail out so we'll pay in the end anyways.

BTW I make my own music too....and I give it away! Hell, that's what REAL artists do.

Haha this made my day, how the hell did they come to a 1M outcome? Man, i ripp music of youtube nearly everyday... Plus come to think of it, who really buys music from record stores now? Well i for one can say that i haven't been in a music store for....Hmm its been so long, i cant remember..

Originally posted by GhostR1der
And that is exactly why if a band I like comes to little old New Zealand, I will support them by turning up to their show.

You've got Iron Maiden heading there early next year. I was close to making the trip over to see them again. Don't miss the gig, it's the best you will see in a long long time...

On topic - if the music is good, then I'll buy the CD. If the music is crap, then I don't even want to download it.

I stopped listening to Metallica when Lars Ulrich helped to shut down Napster. How many times did Lars make a copied cassette tape of his friends records when he was younger? Hypocrite.

Find out which songs the kid is being sued for and contact the artists involved. If they're not willing to help, then boycott their music and their record label.

Boycott the whole music industry. Throw this back in their face. I haven't bought a single CD since that whole Metallica thing some time back. I don't even download music, never did. And besides, these musicians should be paid like the rest of us. Pay them by the hours worked. 7 songs ain't even a CD full of songs. And, how much does a piece of plastic cost? What would be the punishment if someone walked into the store and stole a CD of those 7 songs? Don't buy these record corporation CDs. Cut out these needless middlemen. These artists can sell their wares directly on the internet these days. Insist the artists sell direct. Legally record what you want to listen to from other sources, such at XM radio, and do so until these middlemen are snuffed out of business.

To make the Judge understand, that people connecting to the kids pc, and downloading and listening to the music.
Is exactly the same as if he invited them all to his house and they listened to the music.
Will be hard.
The only difference here is the method used.
Yet one is wrong, and the other isn't?
Of course this is illogical.
Trying to make a Judge see this logic, is almost impossible.
Judges are chosen and appointed purely for there ability to be illogical, not understand reality, and not read to much into things.
The RIAA is trying to control what people do in there personal lives for extra profits.
They are trying to say one thing you do isn't illegal, but something else is.
When the result is exactly the same.
They are doing it purely to cash in on extra profits, not lost profits, from internet distribution.

Originally posted by Karlhungis

Seriously? How in the world can you justify that? Scooter Libby commits treason and gets a $250,000 fine. You think that sharing 7 songs is 4x as offensive as that?

Well again your not looking at it from the artists point at all, just looking at this guy making material he does not own the right to distribuite and not seeing the outright illegal distribution of copyrighted material.

You would not be singing this happy go lucky song, or any of you, if it was your material and you all were trying to sell it to make a living and some punk comes along and uploads that hard work and time spent producing, recording, mastering, marketing and covering all those costs that go along with it goes all out the port on some website or peer to peer network, and there goes all that lost revenue from it.

And the very reason, and I know this because I am a radio station owner, both terrestrial and internet stations, the rates we pay for public performance rights to ASCAP/BMI, SESAC would not be so outragious, nor would the fines for copyright infringement, had it NOT been for idiots sharing music over the internet 10 years ago when songs were legally available for less than 3 cents a tune, yet these idiots would have no problem spending 2 grand on a big pc, a big internet connection and big storage devices to share music they had no right to give away for free.

So before all of you pat yourselves on the back and say "oh I feel sorry for this guy because he violated copyright laws and stole from the artist without permission to distribute their music", had better grow up out of your infancy and realize that sharing music without permissions from the copyright owner, you are no different from a bank robber or common slumb bumb crook stealing smokes and 6 packs from the corner store.

Again if it was your material you were trying to make a living off of it, you would NOT be so supportive of this type of activity.

As long as the dog doesnt crap on your lawn your perfectly fine with it until the poodle comes along and poops on your shoe then your all up in arms arent ya.

Do the math first. Like multiply the retail sales price times 5,000 and thats what you loose, or in this case the artist, and it could be a heck of alot more depending on how many downloaded the songs.

Go to the ASCAP/BMI and SESAC websites...google is your friend, and see the fines for this type of activity.



Cheers!!!!

[edit on 16-12-2008 by RFBurns]

Originally posted by Karlhungis
What kind of a messed up world are we living in, when a college kid can be sued for $1,000,000 for sharing 7 songs at the same time tax payers are giving billions to companies and CEO's that are responsible for bringing down the global economy?

Ill tell you what kind of world it is...the one we create.
It ceases to amaze me, we are the ones creating the prison bars around us by being gullible enough to believe everything that is told to us by someone 'in power'.

For some reason, the masses tend to think that someone 'above them' can do no wrong.
Many years did people copy tapes and share it with no problem...the companies even made high speed dubbing to copy your tapes. (and dont pretend it was for anything but your music cassettes...who would need high speed dubbing for a home tape they made.)

Then the music industry cries 'foul' at the idea of digital distribution for the lack of control and their lack of a willingness to change their business model - and overnight a majority of people said, "its stealing...etc" - copying what was told to them.

All they have to do is look at all the scams going on at high levels...banks, etc. - to realize that those that rule the world are not living by the same moral standards they preach to keep the control.

Blind people following blind people, and listening to the pipers tune.

Apple computer and the "our OSX only goes on macs", etc. - and the many people who think a person is criminal for putting OSX on a PC.

Hate to tell people this, (i.e. corporations), but the system is broke.
Once you make something, its in open domain...its just the way the universe works...you cant control it.

In fact, many a time an idea is thought up at the same time...in totally different locations. We are all connected folks...this need to control is going to create the situation where we stuff coal down someones mouth and out the other end comes a diamond. That is how tight corporations are, and they have the following to support them.

People are so afraid of not having...having what? Paper money that lost its value over night? Do you not have your needs taken care of? Do we not have things in abundance?
"More, more, more"...we sound like a virus, a cancer, something that is uncontrollable and does not look out for the greater good.

There is nothing wrong with trade, etc. - but the more restrictions you put on it like the goblins in Harry potter...the more it will slip between your fingers.

So again, whats messed up? Is that we listen to the pirates who tell the majority they are pirates. You know the old saying, "there is 4 fingers pointing back at ya!"

Peace

dAlen

[edit on 16-12-2008 by dAlen]

reply to post by GrayFox


So you think that the band, only making your 10 or 50 cents per CD that costs that band about 3 bucks to make and produce and distribute, gives this guy the right to not only violate copyright laws, but give away said band's material they are trying to cover the costs for and cant because some low life just plastered it all over the internet and there goes that 10 or 50 cents profit your talking about.

Geez no wonder artists have such a hard time making any profit from their material...when its given away for free by those who dont own the material, they dont make 10 or 50 cents at all, they make NOTHING!

Pfft.



Cheers!!!!

Originally posted by RFBurns
Well again your not looking at it from the artists point at all,...

You would not be singing this happy go lucky song, or any of you, if it was your material and you all were trying to sell it to make a living and some punk comes along ...

Sounds like your quoting from the pirates who steal from the artist - (i.e., the corporations.) No reason they cant go directly and sell their music through itunes...but oh, they cant...anyway.

Funny how the pirates (the music labels) make themselves out to be the victim.
Just like the big 3 car manufactures playing the fiddle that they made 'crappy products' an need a bail out. (Hand me some cash then...Ill make some products worth having!)

We are soooooo gullible - repeat everything told to us.
The artist being hurt? Yeah, by the companies who make the claims...(point a finger so no one pays attention to what your doing.)

Ill say this, there are artist that are in their own system and do quite well.
They dont want to be an artificial diamond making machine. (As I put in my post above...put a coal in the mouth and get a diamond out the other end.)

Reality check - old system...and its broke, and a lot in the masses are shocked and in denial that their reality isnt what it seems...they are scared.
But there is nothing to be afraid of....everything is fine. Dont hold onto what is broken...there is a better reality than what is being fed to you. Trust me.

peace

dAlen

reply to post by dAlen


Huge difference between dubbing tapes, which degrade with each dub due to analog limitations, vs pure digital copying where there is no degridation to the material when copied.

You dont have to re-copy a digital copy like you had to with analog, and you had to buy new blank tapes, and some of the costs of the blank tapes, went to the RIAA and such. Look it up in history. Video tapes were the same thing.

Today blank CD's and DVD's and music blank CD's have a tax on them that also goes to RIAA and the rest. Because they know that people do the same thing with those media that they did with the analog couterparts.

The artists, movie producers/creators have to be compensated for their material. Do you all think that their incomes come from RIAA and such, no it comes from sales, both at the movie theatre, sales at the movie or music store, or concerts. And they also pay fees to these copyright protection agencies such as RIAA and ASCAP etc, to have their material protected from free loaders.

Again, find out how much it costs to produce professional works and the costs of making that nice DVD or music CD and cover art and costs of promoting and marketing and distributing. Once you get a grasp of those expenses all artists and movie makers go through, then maybe the reason for such high violation fines will be understood.

As cheap as music and movie material is these days, as it was back in the analog days of cassette, 8-track and vinyl, no one cant afford a few bucks to leagally obtain the music/movies. But to start throwing it out there for all to grab for nothing, thats illegal..period.



Cheers!!!!