File Sharing Student Fined $675K - Comments Page 1
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The verdict is grossly unfair. Two points: Most of the legal revenue in the music industry goes to corporate coffers and not the artists, and by making the music available online the industry has essentially made its entire inventory available to anyone who chooses to take it. To elaborate the second point, once the music is digital and available, it is impossible to contain. Finally, Tennenbaum did not do this for profit, he gave the music away. |
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It's not reported whether Tennenbaum claimed that lack of a profit motive was a mitigating factor. In fact, it isn't. Theft is theft no matter what you do with the proceeds. He knew the legal position but persisted which makes him morally equivalent to a driver who ignores the speed limit. The trappings may be different but the principle is identical: if you knowingly flout the law, you tacitly accept the consequences of detection. The 'fair use' plea was facile chutzpa. As a fellow Jew I find the whole seedy matter intensely embarrassing. |
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Speaking as a professional musician as well as an occasional music downloader ... the question has to be asked, "If the internet did not exist, would the downloader have purchased that music or not". If not then I can not see any revenue being lost to the artists. A sale was not lost. On the other hand people who have D/L'd our music have ended up buying our CD's and attending to our shows ... more revenue for us and a larger fan-base to boot. Downloading a tune or two is not always a bad thing. |
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This young man willfully continued to break the law, even though he was warned a significant number of times and was even offered a way to settle out of court. I have sympathy for the amount of the judgement he is required to pay, but he is the only one who is responsible for having broken the law and his attitude seems to be that he was above the law. No one is. |
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If he had quit downloading illegally when he received the warning in 2003, and still wound up in court with $675K fine, I'd say it was unfair. Since he continued to do what he *knew* to be illegal, from the letter he received in 2003, I don't have a lot of sympathy. He has shown a willful intent to thumb his nose at the law and should pay for it. |
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In which job or profession other than the entertainment industry can people do a job once and expect to be paid for that one job the rest of their lives in the form of royalties? They sing a song once or act in a TV series etc., for which they are paid, like any other worker, but these entertainers are not satisfied with that, they want to be paid for life. The result of this is; recording companies, TV companies etc., ask more for their product and consumers end up paying more than they should for their CDs, and DVDs. Recording companies need to be more honest, charge a reasonable price, and then file sharing companies might not be used. Regardless of the outcome, the court was wrong to impose such a huge fine on the student but then again they can't help it, judiciaries world wide are stupid.
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personally I think these kinds of laws are pretty stupid, all they due is tie up court time that could be better used. if I want to record (download) anything, what, the gestapo is at my door? I've given lots of stuff to friends, that makes me a gangster? yea, right. I haven't noticed to many "artists" going hungry lately, has anyone else? there are far more important issues facing us than someone getting something for nothing, but then again lawyers must be paid. |
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Seems to me the fellow is trying to make a point: prices charged for digital versions of anything are unreasonable. Yes, he is guilty of willfully flouting the law. But RIAA is culpable as well by refusing to compromise with the general public regarding how to be compensated for digital rights. Bassman has it right--if one can download something for a reasonable cost to try it out, that person may later pay full price for albums or tickets if he/she likes what he/she hears/sees. I personally don't try out new artists precisely because of the RIAA's uncompromising attitude. There must be plenty of folks like me, so, RIAA, how much are you losing by being penny wise and pound foolish? |
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The issue is based on the premise - was a law broken? If yes, payup or to quote a cliche, if you do the crime, do the time. The court determined a law was broken hence the penalty. In this case the amount is totally arbitrary. Personally, I believe he "got off lightly." The public needs to see when a law is broken, justice, regrdless of the punishment, is carried out. A purile case? Possibly so when considered by the many other "downloaders", but the fact remains; the law was broken. |
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I have a substantial collection of old 78 and 45 records. I belong to an informal club where we routinely swap these records. So I guess the RIAA would like to sue all of us for unauthorized use of copyrighted material? Gimme a break. People have been sharing music, books, videos, clothes, recipes, cars (and who knows what else) for years. Why is sharing over the internet such a big deal? Only thing I can think of is the sharing involves millions of people rather than just a few club members or neighbors and the RIAA sees this as another source of income. |
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