tag:blogger.com,1999:blog-15479871.post6310662826483606857..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: RIAA Wins in First-Ever Jury Trial; Verdict of $222,000 for 24 Song Files Worth $23.76raybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger7125tag:blogger.com,1999:blog-15479871.post-74764756957169065752007-10-05T07:51:00.000-04:002007-10-05T07:51:00.000-04:00We should let the RIAA know this is rediculous. I ...We should let the RIAA know this is rediculous. I propose a boycott on buying their music.<BR/><BR/>For most of the people that download these songs for free, the reason is because they can't afford to go out and buy the cd's they want at the price that is charged for them.<BR/><BR/>I suspect if people suddenly stopped buying the cds altogether, the prices on these cds might go down.<BR/><BR/>Or the RIAA would go after people for more money to make up their losses from the boycott.Dragonhttps://www.blogger.com/profile/07472039459073589376noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-47027558658665008172007-10-05T00:48:00.000-04:002007-10-05T00:48:00.000-04:00Deleted several comments as off topic.Deleted one ...Deleted several comments as off topic.<BR/><BR/>Deleted one comment because it made incorrect statements about what happened at the trial.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-57892038003433148312007-10-04T21:39:00.000-04:002007-10-04T21:39:00.000-04:00It is a sad, sad day for justice!!!I'll be sending...It is a sad, sad day for justice!!!<BR/><BR/>I'll be sending a check to her attorney to help with the costs and hopefully for an appeal...<BR/><BR/>The jury instructions are in the Wired article, or directly <A HREF="http://blog.wired.com/27bstroke6/files/jury_instructions.pdf" REL="nofollow">here</A>.<BR/><BR/>I think, as Ray mentions, that the "making available" instruction is core to the matter. The instructions also lead jurors to believe the Sony VP who said that ripping a CD is theft. I guess "fair use" has been repealed or something and we didn't know about it. So with this logic, just by having Jammie rip the CDs in court, she was breaking the law. There's also the constitutionality of the award, it should be cut down to $24 on appeal.<BR/><BR/>Regards,<BR/>ArtArthttps://www.blogger.com/profile/01245521721355936477noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-26812954142715472412007-10-04T21:05:00.000-04:002007-10-04T21:05:00.000-04:00If I understand jury instruction #14 and the decis...If I understand jury instruction #14 and the decision correctly, by merely offering a sound recording for loan a library is 'making it available' and are thus infringing. The same with one person loaning a disk or book to a friend. There's even the possibly more extreme case of leaving a CD out on the front step overnight- someone could pick it up, burn a copy, and return it. <BR/><BR/>I'm also curious whether the plaintiff was able to demonstrate standing to sue in the first place (chain of copyright and assignments of rights). Was that addressed at trial at all? <BR/><BR/>I do hope this is appealed. Perhaps the EFF will step in to help.Nohwhere Manhttps://www.blogger.com/profile/05311432334209158781noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-40176133231498879282007-10-04T20:43:00.000-04:002007-10-04T20:43:00.000-04:00I think this verdict is a disaster for both plaint...I think this verdict is a disaster for both plaintiffs and defendant. A quarter-million-dollar judgment against a relatively innocuous infringer - taking the jury's verdict at face value - is bound to cause a backlash and makes statutory reform in the people's interest a bit more likely. <BR/><BR/>Also, given the size of the verdict, the defendant has absolutely nothing to lose by appealing the "making available" instruction, which seems like it must have been the basis for the jury verdict. Also, the vacation of the Howell case might be the basis for significant post-judgment relief.<BR/><BR/>I wonder how Richard Gabriel sleeps at night. Perhaps having sold one's soul to the Prince of Lies has a somnolent effect.MikeWashttps://www.blogger.com/profile/16388310660457993376noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-48497163936717546152007-10-04T18:35:00.000-04:002007-10-04T18:35:00.000-04:00I hope the RIAA starts gloating and crowing to the...I hope the RIAA starts gloating and crowing to the press about this obscene verdict. This is going to turn into a PR nightmare for them. The shock value of a quarter million dollar judgment will actually damage the record industry's credibility more than if they won just $1 per song. They got what they wanted, and what they wanted was unconscionable.<BR/><BR/>The RIAA is certain to have fewer friends in Congress when this plays out fully. Jammie Thomas' Congressman is 17-term Democrat Jim Oberstar. Jim owes a lot more to the Ojibwa people on Mille Lacs than he does to the record industry. Oberstar's constituents should be writing to him today to express their outrage.<BR/><BR/>One other observation: The jury was all white, and Jammie is Ojibwa. In spite of Minnesota's somewhat undeserved reputation as a bastion of liberalism, relations between white people and native people in the north are often not good. (Recurring friction points are hunting and fishing rights; and the perceived prosperity of native casinos in a fairly poor area of the state.) The racial composition of the jury is DEFINITELY a factor and should not be overlooked.Scotthttps://www.blogger.com/profile/08526488090778783271noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-84892534697802145822007-10-04T18:26:00.000-04:002007-10-04T18:26:00.000-04:00The RIAA is potentially putting a family out of th...The RIAA is potentially putting a family out of their home. I hope they sleep well at night.<BR/><BR/>I have other comments but they run afoul of the comment rules and some local laws on obscenities and communicating threats.Unknownhttps://www.blogger.com/profile/03959110972288433461noreply@blogger.com