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Comments on news posted 2009-07-02 15:22:57: As we recently noted, Minnesota mom Jammie Thomas was recently found guilty of copyright infringement for sharing songs via P2P, and was fined $1.9 million dollars ($80,000 per song). ..

page: 1 · 2 · 3 · 4
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sonicmerlin

join:2009-05-24
Cleveland, OH
Heh

And this is why even the RIAA was surprised by the verdict rendered by the jury, and were noncommittal to pursuing the penalty judgment.

Luminaris

join:2005-12-01
Winchester, VA
Knowledge is power

Honestly, she should've just settled in the first place just to be done with it. On the other hand, who knows what can come out of these things when you try and fight it. Some win, some lose.

BigMac777

join:2001-07-21
Green Valley, AZ
Dumb Jury

The court will throw out this outrageous fine from some very ingnorant people that sat on this jury. Even the jury was to stupid to know constitutional law and the award they give to the crooked RIAA .

openbox9

join:2004-01-26
Alexandria, VA
How Many Times

Did she distribute those 24 songs? Redistributing a copyrighted work without authorization one time is not that same as redistributing a thousand times.


Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..


2 edits
reply to BigMac777
Re: Dumb Jury

said by BigMac777 See Profile :

The court will throw out this outrageous fine from some very ingnorant people that sat on this jury. Even the jury was to stupid to know constitutional law and the award they give to the crooked RIAA .
Unfortunately, the same description seems to apply to you as well. Read the judge's instructions and read the statute. The jury were within their rights to award what they did. If the judgement is eventually deemed unconstitutional, then there will have to be a change to the copyright statute. The court nor the jury overstepped any boundaries.


Logan 5
Wondering what happens next..
Premium,MVM
join:2001-05-25
The WasteLAN
·Pacific Bell - SBC


2 edits
Good Luck Jammie

I'm rooting for you 'Cuz this time, you're REALLY gonna need it if you expect to walk away unscathed from this one....

Oh, and I hope that this time around your legal team is more intelligent & competent then the one you had at your last trial....


Goober
Premium
join:2000-12-17
Naperville, IL
reply to openbox9
Re: How Many Times

Show me where in the statute there's a differentiation. Also, while you're at it, show me where distribution is even required at all. Simply willfull downloading an unauthorized copy is copyright violation subject to the enhanced penalty.

dcdeadbeat

join:2008-10-07
Washington, DC
·Covad Communications


1 edit
give it up girl you lost

Stop stealing headlines. You lost. Now fall to the ground and beg for their forgiveness (or at least the original settlement demand of several thousand dollars).

Better yet, give up all technology and find some kind of religion because you need divine intervention to get you out of this mess.

Mr Matt

join:2008-01-29
Eustis, FL
 Was she ignorant or dishonest.

Did the jury deem her guilty because of the hard drive crash? Apparently the RIAA could not prove that music files were uploaded.


GlobalMind
Domino Dude, POWER Systems Guy
Premium
join:2001-10-29
Hollywood, FL

reply to Goober
Re: How Many Times

said by Goober See Profile :

Show me where in the statute there's a differentiation. Also, while you're at it, show me where distribution is even required at all. Simply willfull downloading an unauthorized copy is copyright violation subject to the enhanced penalty.
Well now you're forcing me to have to go back and re-read it. Because frankly I do believe distribution was indeed the kicker and always has been.

I believe it's been shown before that downloads aren't where they have a case but in uploading, which satisfies the distribution side of the statute.

Weekend project....
--
TheGlobalMind.com / Speed costs money. How fast do you want to go? / Trust the instinct to the end, though you can render no reason. - Ralph Waldo Emerson / Free market capitalism is the best path to prosperity.

K Patterson
Premium,MVM
join:2006-03-12
Columbus, OH
What ere the jurors thinking?

We may learn. The parties have been given permission to contact the jurors.


TKJunkMail
Enjoy the sun
Premium
join:2002-03-03
Avalon, NJ
·Sprint Mobile Broa..
·Comcast

reply to Mr Matt
Re: Was she ignorant or dishonest.

said by Mr Matt See Profile :

Did the jury deem her guilty because of the hard drive crash? Apparently the RIAA could not prove that music files were uploaded.
Actually they did prove it. Their contractor copied them from her drive themselves. Now you can make all kind of claims that if they uploaded from her it doesn't count. But the law says it does count.
--
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CocoaVanilla
I love oranges
Premium
join:2008-04-16
Tucson, AZ
How About Bankruptcy?

If the court eventually rules (even after the legal battle) she has to pay the $1.9 million, couldn't she just file for bankruptcy? I'm not an expert on the subject but I believe bankruptcy would discharge any kind of judgements?


Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..


1 edit
reply to GlobalMind
Re: How Many Times

It's a very DSLR/pirate belief that downloading isn't a violation. During a morning radio show (WLUP Chicago), even the woman's attorney stated that downloading is also a crime that may be similarly penalized. In the present case they decided not to go that route. I don't think the RIAA really cares about that as much since it's harder to enforce and distinctly less damaging.


runnoft
Premium
join:2003-10-14
Deerfield, IL
·Comcast

Good luck with this

I'd donate myself to her legal bills for appeal if she was a more sympathetic character. There's a reason the jury socked it to her: they found her less likable than even the RIAA, and you have to work hard to achieve that degree of personality dysfunction.

PapaMidnight

join:2009-01-13
Baltimore, MD

reply to Goober
Re: Dumb Jury

said by Goober See Profile :

said by BigMac777 See Profile :

The court will throw out this outrageous fine from some very ingnorant people that sat on this jury. Even the jury was to stupid to know constitutional law and the award they give to the crooked RIAA .
Unfortunately, the same desciption seems to apply to you as well. Read the judge's instructions and read the statute. The jury were within their rights to award what they did. If the judgement is eventually deemed unconstitutional, then there will have to be a change to the copyright statute. The court nor the jury overstepped any boundaries.
Indeed. If her appeal is accepted, expect all eyes to be on this case because it would have extreme ramifications for all civil court cases and judgments made within them, both past, present, and future - that is, if retroactivity comes into play. If she wins, it could open the flood gates for a whole new set of appeals to occur, not that that is a bad thing. Reform of the judicial system is definitely needed. Of course, if she wins, expect an immediate appeal to a higher court.

PapaMidnight

join:2009-01-13
Baltimore, MD

reply to Goober
Re: How Many Times

said by Goober See Profile :

It's a very DSLR/pirate belief that downloading isn't a violation. During a morning radio show (WLUP Chicago), even the woman's attorney stated that downloading is also a crime that may be similarly penalized. In the present case they decided not to go that route. I don't think the RIAA really cares about that as much since it's harder to enforce and distinctly less damaging.
If I recall correctly, this case was focused on merely if she downloaded it. The first case was proving whether or not she made the files available.

PapaMidnight

join:2009-01-13
Baltimore, MD
reply to TKJunkMail
Re: Was she ignorant or dishonest.

In more ways than one, she buried herself deeper every second she was on the stand.

PapaMidnight

join:2009-01-13
Baltimore, MD

reply to CocoaVanilla
Re: How About Bankruptcy?

said by CocoaVanilla See Profile :

If the court eventually rules (even after the legal battle) she has to pay the $1.9 million, couldn't she just file for bankruptcy? I'm not an expert on the subject but I believe bankruptcy would discharge any kind of judgements?
Not that simple anymore.


Goober
Premium
join:2000-12-17
Naperville, IL
reply to PapaMidnight
Re: Dumb Jury

I'm looking forward to this. I think the penalty was severe as well and I'd like to see some carve outs in the statute.

For now, though, the law is the law.
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