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80k Per Song, Fair? Give me a break
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David_Dunlap
(WebHost Blog) In the original trial, the fine was only $222,000 and this time around it is now $1.92 million ($80k a song). Talk about the punishment not fitting the crime.
Let’s break it down shall we.
24 songs is the equivalent of two CDs. This sort of crime would be considered petty theft and a maximum penalty of $500. But wait, this is distributing not simply stealing for one’s own amusement.
So what happens when we get normal teenager type behavior and put it on a forum of millions of users? We get distribution of copyrighted material.
In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.
-US Code: Title 17,504 Remedies for infringement
I am no lawyer, but it seems like the law is quite specific on this. Distribution of copyrighted material if the perpetrator has knowledge that it is against the law is punishable of up to $150k…. $1.92 million… $150k. The RIAA argued of course that each song is a separate entity under this law of course instead of lumping them together each was treated separately.
Give me a break. If I steal a CD from a music store I don’t get fined $500 per song, per page of music liners, per piece of plastic that goes into the case, etc. But for the sake of argument lets treat them separate.
A single song’s street value is $1.29 at iTunes (this as good a measure as any I figure). So for there to be $80k damages sustained by the RIAA, each song would have to be distributed 62,015 times… each. What is more likely (though still high) would be 1,000 times each and that would come to $30,960 for the lot. Add court fees and an extra sum on top of that (emotional accountant distress, repayment for time spent agonizing over the problem, etc), and you still don’t hit nearly $2 mil.
Maybe I am over simplifying this (I probably am), but I do not see a reason for a 1.92 million dollar fine to someone who could not ever dream of paying such a high amount.
Tags: copyright infringment, Jammie Thomas-Rasset, Kazaa, RIAA
About David Dunlap
Over the past ten years David has been a prolific author of hundreds of blogs, commentaries and reviews found here on WebHostBlog.com , as well as WebHostMagazine.com and other sites around the Internet. David manages the daily operations at both WebHostBlog and Web Host Magazine & Buyer's Guide, and as the head editor, David uses his unique analytical skills to ensure that both sites maintain their integrity and tough, but fair minded, reputations. Prior to his active career analyzing the Web Host industry, David specialized in networking and communications for the U.S. government. David's expertise in traditional marketing and Search Engine Marketing (SEM) has helped boost companies both inside and outside of the Web Host industry.
Let’s break it down shall we.
24 songs is the equivalent of two CDs. This sort of crime would be considered petty theft and a maximum penalty of $500. But wait, this is distributing not simply stealing for one’s own amusement.
So what happens when we get normal teenager type behavior and put it on a forum of millions of users? We get distribution of copyrighted material.
In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.
-US Code: Title 17,504 Remedies for infringement
I am no lawyer, but it seems like the law is quite specific on this. Distribution of copyrighted material if the perpetrator has knowledge that it is against the law is punishable of up to $150k…. $1.92 million… $150k. The RIAA argued of course that each song is a separate entity under this law of course instead of lumping them together each was treated separately.
Give me a break. If I steal a CD from a music store I don’t get fined $500 per song, per page of music liners, per piece of plastic that goes into the case, etc. But for the sake of argument lets treat them separate.
A single song’s street value is $1.29 at iTunes (this as good a measure as any I figure). So for there to be $80k damages sustained by the RIAA, each song would have to be distributed 62,015 times… each. What is more likely (though still high) would be 1,000 times each and that would come to $30,960 for the lot. Add court fees and an extra sum on top of that (emotional accountant distress, repayment for time spent agonizing over the problem, etc), and you still don’t hit nearly $2 mil.
Maybe I am over simplifying this (I probably am), but I do not see a reason for a 1.92 million dollar fine to someone who could not ever dream of paying such a high amount.
Tags: copyright infringment, Jammie Thomas-Rasset, Kazaa, RIAA
About David Dunlap
Over the past ten years David has been a prolific author of hundreds of blogs, commentaries and reviews found here on WebHostBlog.com , as well as WebHostMagazine.com and other sites around the Internet. David manages the daily operations at both WebHostBlog and Web Host Magazine & Buyer's Guide, and as the head editor, David uses his unique analytical skills to ensure that both sites maintain their integrity and tough, but fair minded, reputations. Prior to his active career analyzing the Web Host industry, David specialized in networking and communications for the U.S. government. David's expertise in traditional marketing and Search Engine Marketing (SEM) has helped boost companies both inside and outside of the Web Host industry.
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David Dunlap
David Dunlap has been both a Web host industry analyst and commentator for the past eight years. Prior to his active writing career, David was a network and communications technician for four years. He currently is the Editor-in-Chief for WebHostMagazine.com
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