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Tuesday, 28 September 2010 10:04

US Supreme Court wants to take on RIAA

Written by Nick Farell


Appeal Case testing
The US Supreme Court is keen to get its teeth into a RIAA file sharing case.

Apparently it has requested that the music labels’ litigation arm respond to a case testing the so-called “innocent infringer” defence to copyright infringement. A federal appeals court’s February decision ordered a university student to pay the Recording Industry Association of America $27,750, or $750 a track for file-sharing 37 songs when she was a high school cheerleader.

The appeals court decision reversed a Texas federal judge who, decided that the young woman Whitney Harper was an innocent infringer, ordered her to pay $7,400 — or $200 per song. Harper was one of 20,000 individuals the RIAA has sued for file-sharing music. If the Supremes agree, the innocent-infringer defense to the Copyright Act’s minimum $750-per-music-track fine may apply to online file sharing.

Harper said she thought file sharing was akin to internet radio streaming.The appeals court, however, said she was not eligible for that defence, even though she was between 14 and 16 years old when the infringing activity occurred on LimeWire.

Nick Farell

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Comments  

 
+7 #1 Greg4422 2010-09-28 12:46
The music industry should embrace digital downloaders and make buying music via outlets like iTunes easier and cheaper (.25-.99 cents per song imho), a modest profit for sure, but multiply this times the millions of illegal downloads currently and you can see profit potential. attacking people with law suits,who may or may not even know they are file sharing, when using LimeWire is simply wrong. Secondly, why are they being charged $750 per track? If the track is available on iTunes for .99 cents… then isn’t the value of that item .99 cents? Is this about restitution or a vendetta against the public because the music industry is too stupid to recognize the changes in the market place and adapt.
 
 
+8 #2 Warhead 2010-09-28 14:31
So, is the RIAA going to sue me if I start lending my CDs to my friends? Even digital download as it is at the moment is a rip off considering that there is no media supplied and the quality of most MP3 are way below CD.
 
 
0 #3 Stewox 2010-09-28 17:33
Americans are prone to this because their information is everywhere, credit cards , identification cards , facebook , ... it's the most non-private and non-free country in the world.

How can they possibly find me what i did a freaking 3 years ago , i would have long changed ISP , if i would suspected something , i would have ordered ISP to delete all info about me (yes you can order them this , you have the right here)

You don't go to net and type your real name into usernames and stuff and then go to make a big noticable leak. LEAKS always have to be quiet and on least spottable.
 

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