Supreme Court won't hear Jammie Thomas-Rasset's case about 24 downloaded songs.
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murrayjack41":1attrh6o said:cmacd":1attrh6o said:And given that she's being hit for distribution (so not just 24 songs, but 24 songs distributed who-knows-how-many times).
There's that "who knows how many", "it could have been", "it might have been" and so on. In the parts of the case I read, the prosecution couldn't prove that anyone, other than a representative of the RIAA, had downloaded the songs from her computer. If one is going to base punitive damages on "who knows how many", why not go for billions and forget the chump change. Now that would make a statement. I am only in my 60s, but I can remember a time when the law could only hit you with actual damages, plus interest and REASONABLE punitive awards. But damages had to be PROVEN, and in this case, I don't see where that was shown beyond a reasonable doubt. All I've seen is a lot of "could have been" and "who knows". Thank god she wasn't on trial for murder with the evidential bar set that low.
ktopera":yhim5kdv said:The objective by the record labels (back in 2007, as iPod/iTunes was/is booming), was to cause fear in all internet users, as a strategy to attack the P2P networks...since there's not really any practical way to stop P2P networks.
(As you can see, their attorneys are laughing in money; and piracy continues unabated...while the record labels are making 70% profit from the billions or songs sold on iTunes and subscription services. And the woman was basically terrorized for 6 years by over-reaching litigation.)
That's being too kind.Boskone":m7hz87h2 said:Granted, she ended up where she is at least partly (maybe mostly) because she was being a dipshit.cmacd":m7hz87h2 said:This is insane. That doesn't make me feel any particular sympathy for Jammie Thomas-Rasset, though, due to the nature of her particular case. But in general, yes this is insane.
Who was that?JEDIDIAH":m7hz87h2 said:How significant is debatable. A number of these works should be in the public domain by now and one of the artists even came forward to challenge the justice of this kind of verdict.
TechGeek":mogijma7 said:dufas-duck":mogijma7 said:When the movie and recording industry get caught as they have many times not paying royalties, percentages of the gross, or shorting artists with other schemes that they involve artists in, or they fight alternative distribution methods that independent music and movie producers use, the industries always say 'that's different' and squeal that they have to pay the artists. Before Micheal Jackson purchased the rights to the Beetle's music, even Paul McCarthy had to sue to get the record company to pay royalties.
The entertainment industry works on a one way street...their way or nothing. It is a 'do as we say, not as we do' environment.....
I was going to post this pretty much. For those that think this is fair, do you think it would be fair to hand over 5-10 years worth of income from the recording industry to one artist as a punishment for one lawsuit? Then why is it ok to do it to this woman?
Thanks for the good information. The juries found her infringement willful, but I'd say that her actions (destroying evidence, lying, stretching the trial process out as long as she could, combined with her statement about bankruptcy) might well combine to be considered malicious. In any case, I expect the record labels to go after her to collect a token of the judgement, then leave her alone. On the other hand, if she continues to try to avoid any liability for her actions, they may well decide to push as hard as they can.charybdisjim":1kicjc96 said:As the juries all found willful infringement, all it should take is an objection by the record companies.
No, that is what the precedent set forth by the 9th circuit specifically dealt with - that "willful" did not automatically constitute "willful and malicious" and therefore was not necessarily excepted from discharge. They drew a distinction between "willful infringement" and "willful and malicious injury" to property with the latter having the additional requirement of intent to cause harm. Willful infringement means they knowingly infringed on their copyrighted work, but the 9th circuit ruled that even in the case where one is actually selling bootlegged copies of a work they may not necessarily believe or intend that their action would be genuinely harmful to the rights holder even if they know it is illegal. If the infringer did not intend to cause harm or believe their actions would harm the rights holder - even if it has been determined the infringement was willful and that harm resulted - they ruled that the debt must be discharged as it does not satisfy "willful AND malicious" as defined for bankruptcy.
Stick it Moses Ronald (I'll just call you MoRon for shortJEDIDIAH":1kicjc96 said:Trollish crap.
cmacd":32od0stk said:Disgustoid":32od0stk said:Gotta love how the music industry has lobbied so hard that file sharing actually incurs worse penalties than raping or even murdering someone.
Based on?
We did this recently, when somebody made a similar claim. Average murderer is sentenced to nearly twenty years, and that's not including those serving life (or death). Average rapist is something north of five years. Neither includes any fines.
Now, is a period of my life ranging from five years to infinity years worth more than $222K? I don't think so. What value are you placing on a year in prison? Even just given lost wages, $222K is worth more than five years of the median American's life.
Or were you just shooting for hyperbole?
Thanks for the excellent explanation.charybdisjim":2u9v56mz said:don't think bankruptcy will help her, here. Generally, you can't discharge debt that accumulated due to fraud or malfeasance, so if her guilty verdict was upheld, I'd imagine that it would also be a non-dischargable debt.
Which is a shame, because the fine is absurd.
Debts incurred in this manner are not automatically excepted from discharge. For them to be excepted the creditor would have to successfully object arguing they fell under the category of "willful and malicious injury to another person or person's property." Now it used to be that if they did object then that they would be successful was pretty much automatic, however a ruling a few years back has changed that.
In Barboza vs. New Form, the ninth district court has affirmed that "willful" copyright infringement does not always constitute a "willful and malicious" injury which would be excepted from discharge. They established this while reversing a bankruptcy court's decision excepting from discharge an $893k ruling against a couple who had sold bootlegged versions of the plaintiff's copyrighted material and continued doing so after receiving and responding to letters warning them of their infringement. This provides a precedent in which the file-sharing compares fairly favorably as far as being considered willful but not "willful and malicious." So actually getting a court to agree not to discharge these debts, which used to really only require actually bothering to object, is now potentially a source of more legal costs for the creditor and far less automatically successful.
If they do object and they do successful argue that, even in light of precedent, the act was both willful and malicious injury to property the debt can not be discharged. Then they would still have to attempt to collect it and, depending on the person's assets and protections based on their state of residence, could well find them "judgment proof." Given the 9th circuit's decision and the relatively small amount of assets which may not be considered excepted from forfeiture, they might not actually bother objecting if it did come to bankruptcy. They got their headlines of them winning big and the defendant's last decade ending in her looking toward bankruptcy as a solution. In terms of extracting settlements out of future potential defendants, that has more value to them than what they could even likely squeeze out of her assuming they did prevent discharge of the debt. Sure the debt would continue to exist if they did succeed but if she refused to pay and had little beyond exempt assets and income (not all income can be garnished and in some States wages can not be garnished for this at all) they might never see a penny for their further effort.
interconnect":219ybouc said:Does anything stop her from just moving out of the country and just saying, fuck off?
brodie":1i6dqx17 said:I don't think bankruptcy will help her, here. Generally, you can't discharge debt that accumulated due to fraud or malfeasance, so if her guilty verdict was upheld, I'd imagine that it would also be a non-dischargable debt.
Which is a shame, because the fine is absurd.
I've never understood this rationalization for excusing piracy. You're essentially saying that because the labels abuse artists, it's okay for you to abuse the labels and the artists.dufas-duck":amoci4qd said:There some artists that get zero compensation. The industry is also known for using VERY creative bookkeeping..................
She didn't just download 9 songs, she distributed those 9 songs to anybody in the world who wanted to grab them off her PC (that's how most filesharing networks operate, you don't just download - you also redistribute).RicDrywall":19qae0ew said:I genuinely don't understand the logic that leads to 24 songs being worth thousands of dollars. [...] What they're really doing is more-or-less ruining someone's life over what should be a misdemeanor.
Supposedly this is all from record money.ubercurmudgeon":376yr0rf said:$222,000: how much is that in solid gold Humvees?
That's because their soul are already sold to the big corporations and rich powerful lords that can buy justice for themselves.MechR":2b4fkibc said:Figures. The Supreme Court is always useless for copyright and warrantless-wiretapping cases.
RicDrywall":19eo6frz said:At some point the exact numbers are irrelevant because, in a distributed sharing network, one person is hardly important to the process. Conceptually, all she really did was marginally increase how quickly other people could download the file and she was one of millions of people doing this. It's not like she was printing out copies and handing them out to people--she was doing no work at all and was really just offering her computer as bandwidth. The people who should be prosecuted for distribution are the people who put the file out there in the first place, not the people who download it and let their computer rehost (not that they're blameless, of course).
Internet Zen Master":19eo6frz said:Hmm... The good thing that comes out of this is that since they refused to hear the case (they've probably got more important cases *cough* DOMA *cough* coming up), there was no precedent set either way, so there is still the ability to argue that being charged seemingly ludicrous amounts for damages is unconstitutional the next time the RIAA sues someone for copyright infringement. The only place that might have a precedent for something like this as a result will be the Eighth Circuit Court (IANAL).
I agree that the amounts involved are simply ludicrous for a single individual not engaged in commercial infringement. That said, this ongoing bit of litigation has wasted far more time and money than will ever be collected from a person who quite likely actually did the downloading and sharing in question, then lied about it.
cmacd":1p2cl9lc said:igor.levicki":1p2cl9lc said:cmacd":1p2cl9lc said:Now, is a period of my life ranging from five years to infinity years worth more than $222K? I don't think so. What value are you placing on a year in prison? Even just given lost wages, $222K is worth more than five years of the median American's life.
As a reference point, the minimum wage rate in 2009 was $7.25 per hour or $15,080 for the 2080 hours in a typical work year. That is also a number that is very close to a median average listed for female workers in 2005 in the USA.
I understand that she might have higher wage and that situation might have improved (oh wait, we are in a global crisis, who am I kidding?), but $222,000 is still an insane amount of money.
For example, if you are making $8.32/hr it would take you 12 years and 10 months of essentially working for free -- giving up your whole wage every month and having absolutely no expenses, not paying any bills and taxes, not eating, and never getting sick during that whole period to pay out those $222,000.
Ask anyone and I am sure they will tell you that they will rather go to jail for 5 years and eat free prison food than pay such an absurd and disproportional fine.
I have a feeling you'd regret that decision after about six months.
Also, given that most avenues for collecting on the judgment will cap how much of her income they can take in a given time period, I highly doubt any reasonable human being would prefer half a decade (or more...remember, rapists and murderers) in prison over losing X% of their income.
Though some people do make poor decision. How's it goin', Mr. Snipes?
You must be older than in your 60s.murrayjack41":aaijxe6e said:I am only in my 60s, but I can remember a time when the law could only hit you with actual damages, plus interest and REASONABLE punitive awards.
ubercurmudgeon":3kf77d2g said:$222,000: how much is that in solid gold Humvees?
cmacd":13wuza27 said:Disgustoid":13wuza27 said:Gotta love how the music industry has lobbied so hard that file sharing actually incurs worse penalties than raping or even murdering someone.
Based on?
We did this recently, when somebody made a similar claim. Average murderer is sentenced to nearly twenty years, and that's not including those serving life (or death). Average rapist is something north of five years. Neither includes any fines.
Now, is a period of my life ranging from five years to infinity years worth more than $222K? I don't think so. What value are you placing on a year in prison? Even just given lost wages, $222K is worth more than five years of the median American's life.
Or were you just shooting for hyperbole?
crhilton":595zvo6h said:Disgustoid":595zvo6h said:Gotta love how the music industry has lobbied so hard that file sharing actually incurs worse penalties than raping or even murdering someone.
I don't think a $250,000 fine is quite equivalent to a couple of decades in prison. Maybe at minimum wage, if you place no value on your freedom.
TheVelourFog":1izcj82p said:I'd be curious to hear anyone's rationalization that this fine is just.
etc inittab":2tk1swgx said:I'm conflicted. One the one hand I would gladly donate a few bucks to help some sort of donation fund for her to cover this outrageous judgement, that would be good.
But then it might encourage whatever knucklehead file sharer that received the verdict to do so again. That would be bad
So conflicted ...
brodie":12fhyb12 said:I don't think bankruptcy will help her, here. Generally, you can't discharge debt that accumulated due to fraud or malfeasance, so if her guilty verdict was upheld, I'd imagine that it would also be a non-dischargable debt.
Which is a shame, because the fine is absurd.
There is no debtor's prison in the US. Though I'm not sure what happens when you don't pay a court-mandated judgement...[url=http://meincmagazine.com/civis/viewtopic.php?p=24107367#p24107367:3c6d9qa7 said:misatakashino[/url]":3c6d9qa7]But if she doesn't have the money how will she pay it then? Is there something like debtors prison in America? Assuming her lawyer is pro bono, If she only makes enough money to support herself in food, clothing, and housing necessities, how are they going to get anything out of her?
Won't it eventually result in prison time anyway since she can't pay?
I was under the impression that fines from lawsuits were meant. To repay the injured party, not to punish the offender. Actually, wasn't that one of the major issues with the jury in the Samsung vs. Apple case?cmacd":1ixn2hmd said:Basically, the statutory damages are essentially punitive damages. They're not intended to represent the actual value of the works. Agree or don't with doing this, but that's the concept.
cmacd":1wjjlv72 said:I'd wager that the original settlement offered to here was somewhere on the order of this amount.
She chose to fight it.
Might have been the wrong choice, given that she was pretty obviously "guilty," from the evidence I recall seeing.
I wish this was the featured post so I could just move on and not waste time reading endless bitching about how she got nailed for a large sum. Also the endless ranting about how music should be free otherwise thieves will steal it.Cogmatix":5ao8mt36 said:She declined a settlement offer of $5,000. She lost the case and was ordered to pay $222,000. She asked for (and was granted) a new trial and again declined a settlement, this time $25,000. She lost that case as well and was ordered to pay $1,920,000. That sum was reduced to $54,000 by someone with at least a modicum of common sense, but this award was rejected by the labels and she was again ordered to pay $1,500,000. Capitol was not happy with that decision and again appealed and she was again ordered to pay $222,000. The end...