Username:
Password:






 
Remembering Judge Michael Davis' words in the First Jammie Thomas
Posted by CodeWarrior on June 17, 2009 at 8:20 PM   (printer friendly)

Judge Michael Davis, Chief Justice of the Minnesota District Court, wrote this:

" While the Court does not discount Plaintiffs’ claim that, cumulatively, illegal downloading has far‐reaching effects on their businesses, the damages awarded in this case are wholly disproportionate to the damages suffered by Plaintiffs. Thomas allegedly infringed on the copyrights of 24 songs—the equivalent of approximately three CDs, costing less than $54, and yet the total damages awarded is $222,000—more than five hundred times the cost of buying 24 separate CDs and more than four thousand times the cost of three CDs. While the Copyright Act was intended to permit statutory damages that are larger than the simple cost of the infringed works in order to make infringing a far less attractive alternative than legitimately purchasing the songs, surely damages that are more than one hundred times the cost of the works would serve as a sufficient deterrent...

The Court would be remiss if it did not take this opportunity to implore Congress to amend the Copyright Act to address liability and damages in peer‐ to‐peer network cases such as the one currently before this Court. The Court begins its analysis by recognizing the unique nature of this case. The defendant is an individual, a consumer. She is not a business. She sought no profit from her acts... The Court does not condone Thomas’s actions, but it would be a farce to say that a single mother’s acts of using Kazaa are the equivalent, for example, to the acts of global financial firms illegally infringing on copyrights in order to profit..."

==============snip===========>
AMEN!
~Code


User Comments (These do not necessarily reflect the beliefs of this site)

Markieo  
Date: June 18, 2009 @ 5:06 PM
The verdict just came in:

Favor of the big 4 mafia , she must pay $1.9 million in damages. $80,000 a song.

Me, I'm gonna keep boycotting, and sharing what I have, and if they get me, I'll file chapter 7, not a fuckin' penny from me!


PerilousTimes  
Date: June 18, 2009 @ 6:15 PM

The times, they have been a'changing, and mostly for the worse; i.e., PERILOUS times.


garrens  
Date: June 23, 2009 @ 2:41 AM
What we need:
Bombard our lawmakers to 'critically think' (I know, it's difficult for our 're-tarded' lawmaking bodies) about something simple the like the disgusting nature of 'willful infringement' and eventually work them into reforming copyright law (perhaps abolition is in order but that is way over the scope of my point right now).

I know the economy's fucked and that is all people care about, which is precisely why we need to take these issues up now. Some of the best time to deal with shit in life [here the RIAA] is when it's all shit anyways because then it's easier to live without. It's like when you are finally doing a garage sale, you are far more likely to excavate all that old crap you've stored as a 'packrat' over the years...

"Through adversity lies fruition"