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Thread: Student ordered to pay $650,000 for downloads

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    Student ordered to pay $650,000 for downloads

    Quote Originally Posted by http://www.cbc.ca/arts/music/story/2009/08/01/downloading-payment-boston.html#socialcomments
    A federal jury has ordered a Boston University graduate student who admitted illegally downloading and sharing music online to pay $675,000 to four record labels.

    Joel Tenenbaum, of Providence, R.I., admitted in court that he downloaded and distributed 30 songs. The only issue for the jury to decide was how much in damages to award.

    Under federal law, the recording companies were entitled to $750 to $30,000 per infringement. But the law allows as much as $150,000 per track if the jury finds the infringements were wilful. The maximum jurors could have awarded in Tenenbaum's case was $4.5 million.

    Jurors ordered Tenenbaum late Friday to pay $22,500 for each incident of copyright infringement, effectively finding that his actions were wilful.

    The attorney for the 25-year-old student had asked the jury earlier Friday to "send a message" to the music industry by awarding only minimal damages.
    Not only is the law inconsistently applied, it flies in the face of the will of the people. How many people in the United States actually want to see downloading made illegal so people can face such steep penalties? Definitely not the majority.

    The U.S. continues to prove that it is looking out for the assets of the barons of industry before they are looking out for the welfare and security of citizens. $650,000 for 30 songs is an outrageous penalty, and it could have been even higher.

    The student said that if the verdict sticks, he will have to file for bankruptcy. Another life ruined, all because the music industry wants to set an example. These companies are the ones destroying music, not the downloaders.

    Now please excuse me while I download 50 songs in protest.

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    Re: Student ordered to pay $650,000 for downloads

    Quote Originally Posted by Orius View Post
    Not only is the law inconsistently applied, it flies in the face of the will of the people. How many people in the United States actually want to see downloading made illegal so people can face such steep penalties? Definitely not the majority.

    The U.S. continues to prove that it is looking out for the assets of the barons of industry before they are looking out for the welfare and security of citizens. $650,000 for 30 songs is an outrageous penalty, and it could have been even higher.

    The student said that if the verdict sticks, he will have to file for bankruptcy. Another life ruined, all because the music industry wants to set an example. These companies are the ones destroying music, not the downloaders.

    Now please excuse me while I download 50 songs in protest.
    The funny thing is that this will end up costing them more than the kid who did it.

    I guess excessive fines don't count in this case.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
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    Re: Student ordered to pay $650,000 for downloads

    My question is, how did they find out this guy was downloading in the first place? Did they sneak into his computer, monitor his bandwidth? How?

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    Re: Student ordered to pay $650,000 for downloads

    Quote Originally Posted by Orius View Post
    My question is, how did they find out this guy was downloading in the first place? Did they sneak into his computer, monitor his bandwidth? How?
    They put trackers in the torrent files and monitor the IP's it goes to.

    I think after that they have to get the rest of the information from your ISP.

    You want to know something else though, the movie production companies are intentionally leaking some of their movies on the net to gauge popularity of it before it hits the theaters.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
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    Re: Student ordered to pay $650,000 for downloads

    Quote Originally Posted by Orius View Post
    My question is, how did they find out this guy was downloading in the first place? Did they sneak into his computer, monitor his bandwidth? How?
    He was not caught downloading, but rather uploading. He was using a peer 2 peer program (Kazaa) which like any other P2p also uploads. And that there is what he got busted for. If he had merely downloaded from web, usenet, FTP, etc.. he would have been just fine. In order for these programs to work, you IP address needs to be made available to other users so that they can connect and download your songs. It is by that method it is easy peazy to get one's IP, then determine who by subpoenaing the ISP.

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    Re: Student ordered to pay $650,000 for downloads

    Quote Originally Posted by sam_w View Post
    He was not caught downloading, but rather uploading. He was using a peer 2 peer program (Kazaa) which like any other P2p also uploads. And that there is what he got busted for. If he had merely downloaded from web, usenet, FTP, etc.. he would have been just fine. In order for these programs to work, you IP address needs to be made available to other users so that they can connect and download your songs. It is by that method it is easy peazy to get one's IP, then determine who by subpoenaing the ISP.
    Oh I see, so it was poor security measures on his part. Kazaa? Ew... it is overrun by the music industry with its fake files. I switched out of that a long time ago. I use Limewire now, and torrents. Both allow me to cloak my IP. Not that I have anything to worry about... for now, downloading is not illegal in Canada. Hopefully my government has the sense to preserve that.

    In any case, the penalty was way too steep in this case. The government has proven that its copyright infringement laws are all about protecting the wealth of companies, and they fly in the face of democracy. Most people support downloading.

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    Re: Student ordered to pay $650,000 for downloads

    Quote Originally Posted by Orius View Post
    Oh I see, so it was poor security measures on his part. Kazaa? Ew... it is overrun by the music industry with its fake files. I switched out of that a long time ago. I use Limewire now, and torrents. Both allow me to cloak my IP. Not that I have anything to worry about... for now, downloading is not illegal in Canada. Hopefully my government has the sense to preserve that.

    In any case, the penalty was way too steep in this case. The government has proven that its copyright infringement laws are all about protecting the wealth of companies, and they fly in the face of democracy. Most people support downloading.
    Copyright time lengths are asinine in length.

    It used to be 14 years with an opportunity to renew it for another 14 years and now it is the life of the author plus 70 years and for corporations it can be between 95 years and 120 years.
    I was discovering that life just simply isn't fair and bask in the unsung glory of knowing that each obstacle overcome along the way only adds to the satisfaction in the end. Nothing great, after all, was ever accomplished by anyone sulking in his or her misery.
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    Re: Student ordered to pay $650,000 for downloads

    Absolutely ridiculous...the punishment doesn't match the crime. I realize that yes, illegal downloading is a crime, and if caught then yes it should be punishable to the fullest extent of the law. That having been said, this case is FAR beyond what the fullest extent of the law should be. If an adult walked into a store and stole 2 cd's (approximately the same amount of music) the result would probably be misdemeanor theft and a small retribution charge. In fact this theft would even be more severe, as you would have to toss in the cost of the media in which said music was contained. I have no problem with media companies feeling they need to make an example but honestly copyright infringement suits of this stature do not scare people away from illegal downloading, but instead draw attention to the absolute ridiculousness of the charge. It would be like speeding tickets costing a quarter of a million dollars, but the tickets would only be handed out to a random driver going 6 miles over the speed limit, while every other speeder on the road would be ignored. In order for there to be some liability the risk has to be real.
    Last edited by Midwest Lib; 08-02-09 at 05:15 AM.

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    Re: Student ordered to pay $650,000 for downloads

    Quote Originally Posted by Orius View Post
    Not only is the law inconsistently applied, it flies in the face of the will of the people. How many people in the United States actually want to see downloading made illegal so people can face such steep penalties? Definitely not the majority.

    The U.S. continues to prove that it is looking out for the assets of the barons of industry before they are looking out for the welfare and security of citizens. $650,000 for 30 songs is an outrageous penalty, and it could have been even higher.

    The student said that if the verdict sticks, he will have to file for bankruptcy. Another life ruined, all because the music industry wants to set an example. These companies are the ones destroying music, not the downloaders.

    Now please excuse me while I download 50 songs in protest.
    So if you're employer decided to not pay you one week, because he decided he wanted you to work that week for free, you'd be okay with it?
    "He who does not think himself worth saving from poverty and ignorance by his own efforts, will hardly be thought worth the efforts of anybody else." -- Frederick Douglass, Self-Made Men (1872)
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    Re: Student ordered to pay $650,000 for downloads

    Quote Originally Posted by American View Post
    So if you're employer decided to not pay you one week, because he decided he wanted you to work that week for free, you'd be okay with it?
    Your strawman is unintelligent and poorly constructed.

    Would that employer also be fining me $650,000 if I refuse to work for free?

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