Saturday February 11, 2012 9:24 AM AEST

RIAA rejects reduced fine for 'piracy'

By The Inquirer
09:44 Jan 29, 2010 | 14 Comments
Tags: RIAA | music | piracy | news
RIAA rejects reduced fine for 'piracy'

But does not want the full $1.9 million - $25,000 should be 'enough'.

The big music recording companies have rejected a judge's ruling that a central Minnesota woman found guilty of sharing 24 songs over the Internet should be ordered to pay 'only' $US54,000.

Instead the companies will be preparing for another trial to determine a new damages amount.

Last year, a federal jury ruled that Jammie Thomas-Rasset, a mother of four, willfully infringed the copyrights on 24 songs and ordered her to pay $US1.92 million in damages.

However Chief US District Judge Michael Davis reduced the jury's damage award to about $US54,000 saying that the penalty was "monstrous and shocking".

The RIAA companies said they would accept less than the $1.9 million but insisted that parts of the Court's analysis in reducing the penalty are inconsistent with Congressional intent and the law.

They offered that if she paid $25,000, which would go to a charity for struggling musicians, they would call the matter concluded.

It is fairly clear that the RIAA companies are no longer in this one for the money, but want to make an example of Thomas-Rasset.

Joe Sibley, an attorney for Thomas-Rasset, said his client will not settle. It is all the same, as she just doesn't have the money to pay any of the penalty amounts, and it would be financially ruinous.

 

theinquirer.net (c) 2010 Incisive Media

 
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14 Comments
2SHY
Jan 29, 2010 9:57 AM
RIAA in touch with the common people :P. RIAA needs to get with the times.
Mademan
Jan 29, 2010 10:14 AM
I've always thought the amounts were ridiculous, you wouldn't even get fined that much if you stole the music from an actual store, and in asking for these amounts of money, they are merely making a mockery of justice. Perhaps we should have a worldwide 'break and enter' day for music stores?
Jonsey301
Jan 29, 2010 11:02 AM
Yea i think this whole thing is just stupid. (http://www.undercover.com.au/News-Story.aspx?id=10142) I really like what radiohead stated here "People may download music but they still buy t-shirts and go to concerts".
daleyboy79
Jan 29, 2010 1:15 PM
Mademan ... wat a rad idea ... but lets make it recording studios instead ;)

Kip: There it is.
Mirror Man: You're bullshitting me!"
Kip: I gotta get my tool
Mirror Man: Kip that's not a tool... that's a damn brick!
Krispy89
Jan 29, 2010 2:03 PM
Just goes to show that the RIAA will target anyone to get compensation.

Who will be next I wonder, an elderly war veteran maybe?
sirtrancealot
Jan 29, 2010 2:36 PM
i like you're style mademan,
maybe i should start lifting DVD's and CD's from the store so i don't get fined as much.
hey wait.. i thought the law was supposed to deter things like this..
brumby92
Jan 29, 2010 11:01 PM
Thats equivalent to two CD's. Worth $50 tops. What would be the punishment for stealing that from your local Sanity?
smadge1
Jan 30, 2010 12:22 PM
"a charity for struggling musicians," maybe if they earned more royalties from their music, they wouldn't be struggling...
smakme7757
Jan 30, 2010 8:39 PM
There are people out there sharing 500,000 MP3's and they target a lady who was sharing 24 songs....

@brumby92 - I think when you get caught stealing you have to pay for what you stole and maybe a fine of $100 to $500 on top of that. You might even get away with a slap on the wrist.
Mademan
Jan 31, 2010 12:51 PM
@smadge1

"A charity for struggling musicians", founded by Ron Moss, Kenny Rogers and Stevie Ray Vaughn.
g0t.w00t?
Jan 31, 2010 6:34 PM
Stealing from a music store - probably a max of about 300 bucks for a fine from the cops. Also paying for the stolen merchandise, and probably also a ban from the store.

Share a couple songs online? - exorbitant fine, from 10's of thousands into the millions.
Luffy
Feb 1, 2010 6:36 AM
As a former Police Offier in NSW I have dealt with this situation. I arrested and charged a male found selling over 300 copies of un-released material at the local markets. It took me 3 months, the involvement of RIAA and culminated in a brief of evidence over an inch thick. By law you are able to charge for each disk copy, along with each offence such as not having ratings labels, not having studio markings, etc, there are about half a dozen all up. And thats per disc. Having more important things to do and already regretting the initial charge due to the amount of effort I settled for a single charge (copied without owners permission or sme such) on only about 6 discs.
I thought this should be enough to set an example.
The matter went to court after another raid by the RIAA on the guys home where they found multiple burning facilities and more movies. The gut was found guilty. He paid a $500 fine and was released. 3 months of work, RIAA spending so much time on it as well. So while the amounts we are talking about above seem excessive, perhaps the magistrates need to get a clue about whats going on. I know that now you would be doing well to find a police officer willing to charge for the offence given such a poor result. $1.9 million is ridiculous, just as ridiulous is $500 for making and distributing 300 dvd's.
Mademan
Feb 1, 2010 8:46 AM
Which is why the justice system, the government and the RIAA/ARIA/etc. need to work together more efficiently. I can see why the RIAA are so desperate to set an example of pirates in the only way they can, with filesharing enabling new pirate disc empires to spawn overnight, but is it really 'justice' to hunt down a mother of children for money that doesn't exist. for a crime where damages are a grey area? She'd be lucky to earn that amount in her lifetime, living in America with children. And all she was doing was what millions of people around the world do everyday.
CodeMaster
Mar 19, 2010 12:04 AM
I'll play devil's advocate for a moment. Just because everyone else is doing it doesn't make it okay to do. Nor does it make it any more legal. Studies have been done on this human trait. For example, a person will wait patiently at a crossing whilst the light is red, but when they see someone else just walk right across without heeding the red signal, the "honest" person decides to cross too. It is the perception that "since so many people do it, it can't be all that bad to do it too". The music and movie studios have been their own worst enemy. Matters such as the one described in this article do not help their reputation. Charging a realist and fair price for music and movies, instead of the current exorbitant retail prices, would go a long way toward winning the public to their side, as well as dramatically reduce piracy. If a DVD or BluRay movie only cost $10 instead of $40, people would be less likely to pirate it, as the cost in time and blank media wouldn't be worth the effort. It would take a very brave media executive to get that proposal past the shareholders.
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