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Single Mom Fined $ 1.92 Million for 24 Songs

Discussion in 'Alley of Dangerous Angles' started by The Shaman, Jul 6, 2009.

  1. The Shaman Gems: 28/31
    Latest gem: Star Sapphire


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  2. Aldeth the Foppish Idiot

    Aldeth the Foppish Idiot Armed with My Mallet O' Thinking Veteran

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    The article leaves me scratching my head. I have two major questions that are unanswered:

    1.) She seems to be a small time trader in pirated songs - why was she even brought to court?

    2.) Why did the jury think that $80,000 per song was a justifiable amount? That seems excessively large for a small-time pirate.

    The jury probably knew she was a single mother of two, and she has no hope of ever paying that amount. The jury could have found her liable for just $750 per song according to the article. That's still a hefty $18,000 - but at least in theory she could pay that off over time. She could work the rest of her life and not come up with nearly $2 million.
     
  3. coineineagh

    coineineagh I wish for a horde to overrun my enemies Resourceful Adored Veteran

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    [​IMG] Can they make it any more ridiculous??? (That's not meant as a dare)

    The only good thing about this, is that it illustrates jury bias and power abuse within the legal system. Perhaps some good will one day come out of this...

    Can the single mom get the debt converted to a jail sentence or something? What are her options?
     
  4. The Shaman Gems: 28/31
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    The way I understood it, the RIAA is perfectly aware they won't be getting that money, which is why they said they are ok with a settlement. I think they pushed for such a harsh sentence as an example, maybe citing their total losses due to filesharing. Why the court went along with it... I can not say. At the very least it would seem Ms Thomas-Rasset was made to pay for damages caused by other people as well - the price for which you can buy 24 songs online would hardly be more than 20-30 bucks.
     
  5. NOG (No Other Gods)

    NOG (No Other Gods) Going to church doesn't make you a Christian

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    Can we say cruel and unusual?
     
  6. Taluntain

    Taluntain Resident Alpha and Omega Staff Member ★ SPS Account Holder Resourceful Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) BoM XenForo Migration Contributor [2015] (for helping support the migration to new forum software!)

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    Yea, this is just ridiculous.
     
  7. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    Because of her own stupidity in not settling the case where she was clearly guilty.

    I imagine it went up because she fought the $220,000 original judgement, though I don't know if the jury knew about it.
    The damages assessed in the trial are not supposed to be actual damages; there is a deterrent factor to them as well.

    I don't really have sympathy for the woman. She was clearly guilty and apparently knew it because she attempted to hide it. She apparently declined the RIAA's pre-litigation settlement offer (which seemed to be on the order of a few thousand dollars for others using a quick search). She deserves what she got for her stupidity.
     
  8. The Magister Gems: 26/31
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    I agree that some people are helplessly stupid but still...nearly 3 million dollars seems a bit much even for stupidity:nuts:
     
  9. joacqin

    joacqin Confused Jerk Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    Another option is that she willingly let it go this far to get publicity. That she wanted to highlight how ridicioulous, outdated and even corrupt the legal system is when it comes to these issues.
     
  10. Taluntain

    Taluntain Resident Alpha and Omega Staff Member ★ SPS Account Holder Resourceful Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) BoM XenForo Migration Contributor [2015] (for helping support the migration to new forum software!)

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    I doubt that's going to help her any.
     
  11. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    *shrug* According to the article, the RIAA is still willing to settle... though I imagine they'd want more now that she's lost twice and they've incurred the trial expenses.

    I just wish it were easier for the RIAA and others to catch infringers and subject them to these ridiculous fines. Maybe the infringing would stop, and they could stop with the BS DRM and quit using piracy for all kinds of excuses including high prices.
     
  12. joacqin

    joacqin Confused Jerk Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    Probably not Tal but maybe she felt that she couldn't or was willing to pay even the settlement so might as well go the whole nine yards.

    Oh and yes BTA dismantling the rule of law is exactly what the copyright lobbyist and industry is trying their darndest to do. Wouldn't it be much better if Sony themselves could come to your house at night and take you away?
     
  13. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    Err... what? I wasn't trying to imply anything outside the law; I was saying it would be better if those operating outside the law could be caught and prosecuted more easily.
     
  14. Ragusa

    Ragusa Eternal Halfling Paladin Veteran

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    These ridiculously high fines might become the end for RIIA.

    They are so clearly disproportionate that the question about the sense of excessive punishment comes up. In that sense BTA, the woman was tactically stupid, but that doesn't means she 'had it coming'. The law is egregious. Such a verdict wouldn't have been passed in Germany, and we take property rights quite serious here.
     
  15. Taza

    Taza Weird Modmaker Veteran

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    Seriously now?

    Supply and demand don't determine prices for goods you can effortlessly make perfect copies of, nor is DRM meant to stop pirates - and it never was!

    They'd just increase the prices not having any "competition" (the only kind of competition a cartel like the companies RIAA represents can have) - and DRM is meant to stop second hand sales period. DRM was never effective against pirates.

    Nevermind that the RIAA and their associates have used the US to run through new copyright laws in other countries. Directly against the constitution of said country in some.
     
  16. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    :lol: Where did you get that idea?
    *shrug* I disagree. If they didn't have the excuse of piracy for their drops in sales, they would have to look elsewhere for what to blame: Either they're not giving their customers what they want, or they're charging too much for it.
    Regardless of the truth of the matter, what was the excuse for DRM? It certainly wasn't second-hand sales.

    They've apparently stopped targeting the small-time individuals like this woman and are going for bigger fish now.
     
  17. Chandos the Red

    Chandos the Red This Wheel's on Fire

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    BTA - The day I start seeing some of those bankers and Wall Street crooks get what they deserve for their crimes, is the day that your comments will make sense. Yes, they fine a single-mom 1.5 million, but they will give the crooks on Wall Street an extra bonus for stealing. At least when Bush was in office they prosecuted a few of those guys (Enron and Tyco); Obama has yet to even start on regulation and prosecutions for the economic meltdown (I can't believe I'm having to say this about O. again). The ruling is a disgrace.

    Believe me, if someone was suing a large corporation for some trival incident and was awarded 1.5 million, the corporate meida would be all over it. The corporate media would be trotting out its army of conservative pundits to rail about "tort reform." Because this is the reverse, where corporate America gets to stick-it to the little person, we won't have any Texas or Oklahoma Congressmen from Podunkia babbling about tort reform for their corporate masters.
     
  18. T2Bruno

    T2Bruno The only source of knowledge is experience Distinguished Member ★ SPS Account Holder Adored Veteran New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    The woman was stupid. She had several chances to settle (for much less) and lost her first case (again, for much less). Juries are made of average people who really don't like to have anyone waste their time with frivolous cases -- she got hammered because she pissed off the jury.

    If a similar frivolous case involves a "Wall Street crook" they simply have attorneys negotiate a payment and pay off the issue before it ever gets to court. She could have done the same thing.
     
  19. Blackthorne TA

    Blackthorne TA Master in his Own Mind Staff Member ★ SPS Account Holder Adored Veteran Pillars of Eternity SP Immortalizer (for helping immortalize Sorcerer's Place in the game!) New Server Contributor [2012] (for helping Sorcerer's Place lease a new, more powerful server!) Torment: Tides of Numenera SP Immortalizer (for helping immortalize Sorcerer's Place in the game!)

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    I think it's fine that you believe the crooks are getting away with stuff and you don't like it. I don't like it either. That doesn't mean I want this crook to get away with it just because she's a "poor single mom". And the fact she didn't settle the matter when she could and wasted the court's and the jurors' time makes me have no sympathy for her.
     
  20. Chandos the Red

    Chandos the Red This Wheel's on Fire

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    I'm sure a single-mom with her "army of lawyers" would have negotiated a deal, just like those "smart" Wall Street characters.

    Oh, please, spare me, juries are made up of profiling by attorneys. "Selecting" a good jury is a part of the game. My father was a baliff for 25 years in federal and county court; mostly, the people who even bother to show up are those who have nothing better to do. Although there were times he had to go out into the streets and literally take people down to the jury assembly hall, so that he had enough jurors. I'm sure those people were "real impartial" after being dragged over to the courthouse on their lunch hours downtown. Of course, those people were "pissed off."

    BTA - You posted at the same time. :)

    In my opinion, eveyone is entitled to a day in court. What may seem frivolous to some, may be an issue of principle for someone else. It's in the Constitution, that anyone accused of a crime is entitled to a day in court -- and have a fair hearing. If the people on the jury felt they were having their time wasted by listening to her case, they should have broguht a note from home and not bothered, like everyone else does.


    http://en.wikipedia.org/wiki/Jury_selection
     
    Last edited: Jul 6, 2009
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