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06/19/2009 05:03 PM ID: 79234 Permalink   

Downloader Owes Record Industry $1.92 Million for 24 Songs


A Minnesota mother has been found guilty of violating copyright laws for 24 songs. The record companies have been awarded $80,000 per song, which totals to $1.92 million. This case is an appeal from a 2007 case, which resulted in a $220,000 judgment.

The RIAA (Recording Industry Association of America) was willing to settle for only $3,000 to $5,000 per song earlier in the case. They claim to still be willing to settle.

The case stems from an accusation of her offering 1,700 songs on Kazaa in 2005, before the company became a legal subscription service. The record companies chose to only pursue 24 infringements.

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  I really hate...  
the RIAA and their dirty practices...
  by: SunDown   06/19/2009 05:35 PM     
they'll never be getting a dime from me (outside of from blank media; and that all they're owed, its their royalties tax that has been on blank media for years)... infact i don't think i'll buy another cd until the RIAA quit their extortionist tactics... and the same goes for movie and the MPAA...

and yet these are the same goons that 2 years ago were trying to go after used goods stores for not getting anything from the sale of used cd's (much less not getting anything from digital equivelent of a xerox copy), and yet since then i wont even buy used cd's and movie as i used two... bottomline those crooks don't deserve anyhting, much less thaw billions they've already bilked the public from..

in a way these people are just as much of an economic problem as the banks themselves, and it all stem from a total greed driven society... atleast the bank are charging you actual value of said good or service, not some imaginary number so they can get paid without doing any actual work... i say the public should start a class action lawsuit for extortionist practices AND a boycott against the RIAA/MPAA to ensure they never see another dollars again... bcause whats happening is their using the stole wealth for the artists and actors, to sue people like us, which in turn further funds them for more lawsuits against us.... all to protect their own failed business model, that failed because of greed of the industries primarily, and secondly a complete and total lack of innovation within said industries, and in the case of movie constant change of media, which means a constantly multiplying profit on post-theatre movie sale, esspecially if the movie has been out since VHS or Betamax.

oh why, oh why can't a 80-sometyhing year old nutball go shoot up the RIAA/MPAA headquarters; whereever that might be (its not like ANYONE would miss them)... there's never a gun nut when you need one (thats your cue NRA)
  by: HAVOC666     06/19/2009 06:31 PM     
  the music industry  
is dead... or at least dieing.

I use to freelance in the bizz and if I recall over 40% of music sales these days are legal downloads...

and legal downloads are a small fraction of total downloads...

the majors need to accept the tides of music fate and be blown asunder. Today, artists are much better off finding other ways to make money... ramp up the live shows, sell other merch like t-shirts or shotglasses or... any old thing.

A couple acts I used to work with would make big money by recording every live show... and start cranking out burned copies of said show while the audience is leaving... and then say 'Hey peeps! like the show? keep it forever!"
  by: zatonado001     06/19/2009 06:38 PM     
  What I don't get  
is why was the RIAA awarded this amount, because this case was a re-trial because the first one was declared a mistrial last year because the $222,000 verdict was ruled as “disproportionate to the damages suffered” by the judge.

How can the the next judement be 9 times that much? I feel some serious corruption her like the jury was bought out or the judge or both by the RIAA.
  by: aaxel21   06/19/2009 07:16 PM     
This definitely was a jury of idiots. Most juries seem to be crazy these days. I have no idea what has happened to common sense. I know common sense is never applied to the law, but come on!
  by: Lurker     06/19/2009 07:38 PM     
  Record from radio  
I used to record on cassettes from the radio. Was that illegal?

The music was put out on public airwaves for my use of it.

How is the internet any different?
  by: Mr.Science   06/19/2009 08:10 PM     
  Was that illegal?  
yes it was in the laws eyes...
But i have done the same when i was growing up.

special i saw on the news...

Cd sales are down 50%, online sales of singles up on internet but thats cheaper than album sales, tower records, virgin mega stores both dead and buried.
  by: zortona   06/19/2009 08:15 PM     

radio plays give a band the cred they need to book that bigger show, higher that better producer... etc etc... downloading their tune illegally does nothing for them.
  by: zatonado001     06/19/2009 08:17 PM     
If I couldn't be assed to buy a band's material, I couldn't be assed to buy their material. End of story.
Which means I'll give them a listen if I can download their stuff, if not I'll just move on to something else I can download for free.

I keep doing this until I find a band whose music I like enough that I'll want to support, then I go and get their CD, their shirt, their dvd, whatever.

This is the way it's gonna work, the RIAA can either realize this and take advantage of it, or they can suck my dick.
  by: silentrage   06/19/2009 08:29 PM     
  Well I dont see the difference in what I do ...  
I watch downloaded movies and buy the dvd if its worth it and if I have the money.

I dont get the opperchancity to go to the movies and most of them are complete crap anyway.

I have a few hundred original dvds, still about 100 original VHS tapes and a couple hundred original cd's ... and of course the vynil collection (and ill admit cassette tape too).

It would be interesting to see someone with my size of collection or above (which Im sure plenty of people have) going to court.

Well, you see your honor its quite simple, I bought the ones I liked and not the ones I sucked. Also its not really theft for the ones I never bought because there was no chance of me ever going to see it anyway -so its not a lost sale.

For theft to occur someone has to lose something, theres no loss when I see something I couldnt afford to get, they should feel good for giving me a gift :)
  by: AccessG     06/19/2009 08:44 PM     
Next time I want free music, I'll just go to Walmart and heist some CDs. Worst I get there is a $150 fine.
  by: justaperson     06/19/2009 08:54 PM     
Nice comparison. I'd say they are exactly like the financial advisers that shake someone's money left and right and try to make it grow.
  by: Trevelyan   06/20/2009 01:41 AM     
EXACTLY like health insurance providers. frekin middle men...
  by: Trevelyan   06/20/2009 01:41 AM     
Don't know if this will work, but if you go to and search for Capitol Thomas you should get many results for legal filings in this case. Many thanks to those that have uploaded the documents. Of interest:

Original Verdict Vacated, Retrial Granted (

Capitol Statement of Case (

Jury Verdict (
  by: nicohlis     06/20/2009 02:06 AM     
And while they act like this I will not purchase CD's/music through them. I download music when/where I want. If I like it I try to find a direct mail address to the band and send it to them. If I don't like it... it gets deleted. RIAA does not get my money.
  by: fuzz64   06/21/2009 01:58 AM     
I'm so going to go download some songs, just for that...
  by: Mister crank     06/21/2009 04:18 PM     
  Next time I'm in a band .....  
I'm going to put all our songs on P2P networks where they are evidently worth the GNP of a small 3rd world country....
  by: xBadMonkeyx   06/21/2009 05:06 PM     
  I wonder if the RIAA is aware of the fact  
that anyone with an iPod or other WiFi capable player can tune in thousands of radio stations worldwide, over the Internet, then listen to and capture any song they want in digital format.

Maybe the RIAA should cut out the middleman and just sue God for allowing all this to happen.
  by: White Albino   06/23/2009 04:57 PM     
  CDs are so 90s  
Who even buys CDs from record store anymore, even if I'm given a CD or I buy one at a gig. I just rip it to mp3 and throw the original in a box if I'm feeling sentimental.

Follow the logic, if it reaches a point where songs can be reproduced perfectly, effortlessly distributed and at no cost. After a certain level of distribution has been achieved then the file has no value. A possession must have value in order for it to be stolen, thus a file can't be stolen from a person or company.

This still leaves methods for artists to receive payment for their work. The skill of performing still has value, so people will still pay for concerts and even try to sneak in without paying. They'll still have merchandise, that people will try to counterfeit. The change here is that the CD you buy at the gig is now just another form of merchandising, it has value because it's from them directly and it has their brand on it.

Record companies rose to power as distributors of media. In effect they have a competitor, it's free and easy, and they can't compete. They've tried to force an environment where this competitor can't survive, that's failed. The business environment has changed forever. So they need to adapt to the new environment or die.

Say, "thank you captain obvious"
  by: felixilef   06/26/2009 02:53 AM     
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