Court finds for WB against Jammie Thomas for downloading

Timeline · Post by **Timeline** » Fri Oct 05, 2007 9:27 am

http://news.bbc.co.uk/2/hi/technology/7029229.stm
http://news.moneycentral.msn.com/provid ... ID=7585979

This is older news but I have a twist about this.

I think Warners cut a deal with her and offered to pay all her expenses, plus a little, to continue with the case so they could get the decision on the books in their favor.

It just makes sense.

Now that it's law and there is prior judgment precedence on this it will be very easy to bust illegal downloaders.

Pound · Post by **Pound** » Fri Oct 05, 2007 2:46 pm

How can they get the money if she doesn't have it? What do they do?

Timeline · Post by **Timeline** » Fri Oct 05, 2007 4:19 pm

I would say the just don't go after it like a closed agreement. After a judgment you don't have to collect if you don't want to.

Jim · Post by **Jim** » Sun Oct 07, 2007 9:43 am

Pound wrote:How can they get the money if she doesn't have it? What do they do?

That's what's interesting to me about these suits. Every lawyer knows you can't get blood from a turnip, so most suits don't proceed without an expectation of a windfall. So, this suggests they're trying to scare the crap out of illegal file-sharers. The PR value of a successful suit is their payday. They might never see the total award, but they can sure make life miserable for modest-living people who lose these suits by garnishment of their future wages. This is a matter where "It's the principal of the thing" is truly at play.

Timeline · Post by **Timeline** » Sun Oct 07, 2007 10:13 am

Yep Jim and also the fact that if a few of these cases come around their way they just might be able to drop DRM. I'll bet Jobs at Apple was happy to see the legal decision too because he's tired of being the police dog. They just want to sell boxes.

Labels don't want to put kids in the poorhouse they just want to collect for their artists. It gives them a bad name but if they just do one or two big case like this one, eventually, people will forget.

monkey man · Post by **monkey man** » Mon Oct 08, 2007 7:29 am

Thanks for posting this, Gary; I was tempted to do so a few days ago, so I'm glad you did.
FWIW, I agree with both of you.

Many anti-piracy 'Cornies will be happy to hear this, I'm sure.
James? Fernando? Magilla?

mhschmieder · Post by **mhschmieder** » Mon Oct 08, 2007 3:09 pm

I'm on the fence on this one. I personally refuse to download music, and get into a lot of trouble with friends for having "hang-ups" when I criticise them for doing it, but I also am aware the record companies cheat their clients and don't pay royalties in many cases. So I'm not sure this is a victory for artists. But I suppose at least it doesn't hurt artists. I just don't know.

My own band is obviously small fry, but we've had thousandds of illegal downloads of our music. Especially in Viet Nam, Russia, and Philippines. We were upset at first, but then decided not to fight it, because as a small-time act at least "any publicity is good publicity".

With that in mind, it greys things a bit, in that maybe illegal downloading helps smaller artists but hurts larger artists? In no way is it ever justified because it is stealing and stealing is always wrong (except in totalitarian societies that deny their own people food). But the punishment should fit the crime too, so surely this is meant to be a symbolic act, as suggested?

Timeline · Post by **Timeline** » Mon Oct 08, 2007 3:12 pm

Nice reply. I guess we'll see how the major labels handle themselves before we figure out how that pig is roasted.

Phil O · Post by **Phil O** » Tue Oct 09, 2007 7:10 am

I'm in the dark on all this stuff. Perhaps someone could bring me up to speed. Didn't Napster get busted? After that, a whole slew of others rushed in to take it's place. Why didn't they get busted as well? I thought the whole point-to-point sharing thing was found to be illegal? Wadid I miss?

Phil

monkey man · Post by **monkey man** » Tue Oct 09, 2007 7:27 am

Agreed Phil; the Napster thing seemed to achieve little.
I'd like to know what I've missed too.
Valid questions indeed...

'Cornies? Magilla "sue 'em" Gorilla?

Jim · Post by **Jim** » Wed Oct 10, 2007 9:43 am

Napster went legit is what happened: http://free.napster.com/terms/

AFAICT, they just became a paid alternative to iTunes, and this was due to RIAA lawsuits.

.

Pound · Post by **Pound** » Wed Oct 10, 2007 6:40 pm

Read this article...

http://www.news.com/8301-10784_3-979413 ... =nefd.blgs

FMiguelez · Post by **FMiguelez** » Fri Nov 02, 2007 10:16 am

monkey man wrote:Thanks for posting this, Gary; I was tempted to do so a few days ago, so I'm glad you did.
FWIW, I agree with both of you.

Many anti-piracy 'Cornies will be happy to hear this, I'm sure.
James? Fernando? Magilla?

Hello, Nicky!!
I seldomly wander through these regions of the Nation...
But you BET I'm happy to hear this

This is just some of what is badly needed. I don't really know how effective this will be in terms of measurably slow illegal music sharing (stealing), but this will certainly scare more than a few people off. Now they have a reason to think twice before doing it.

I mean, it's not like grown-up people don't know music sharing is illegal. They might still do it, but much less comfortably. They see there's a REAL chance of getting caught, and it's not pretty.

I'm not really sorry for this woman. They'll be taking the fine money out of her paycheck for ever, but she asked for it. She can not say "Gee, I didn't know 'at was illegal". She took a chance, and she got BUSTED. Just like a regular thief. They KNOW what they do is illegal, yet they take their chances. They hope they won't get caught, but there's always a chance.
For intelectual property thieves, this shows there is a VERY realy chance of getting caught. But they should not worry. All they need to do is stop doing that, and they'll be able to sleep safe and sound.

This woman's tears did not get to me at all. She can cry all she wants but she got what she deserved. Fit punishment. I really hope more people realize this and understand stealing music is ilegal and wrong. If they don't get it then, apparently, someone will MAKE THEM get it.

Hopefully this will be an important precedent. A few dozen more cases like this and the message will be still clearer, and have more impact.

I suppose most people don't rob banks because they know it's a huge risk and very likely they'll get caught. It should be the same with stealing music.

monkey man · Post by **monkey man** » Fri Nov 02, 2007 11:03 am

100% agreed, as always, Fernando.

I couldn't help but think of the motorist who cruises "with the traffic" at 10 kph over the limit.
If he gets caught, even though he was just "following the other drivers", he still knows he's been legitimately "done".

Should be the same for these music pirate varmints.