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#156893 - 01/26/07 03:54 AM Woman sued over her music downloads.
RickF Offline
axiomite

Registered: 02/26/05
Posts: 5210
Loc: Vero Beach, Florida
From our local newspaper....


Quote:

PSL woman sued over her music downloads
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By DEREK SIMMONSEN
derek.simmonsen@scripps.com
January 26, 2007
PORT ST. LUCIE — Tina Moreno's music collection has just landed her in federal court.
The Port St. Lucie woman is among seven Floridians sued this week by the Recording Industry Association of America on behalf of several major recording labels that claim they illegally shared copyrighted music on the Internet. Her name was subpoenaed from her Internet service provider.

It was part of a wave of lawsuits filed around the country that accused people of using peer-to-peer networks, such as LimeWire, to illegally make copyrighted songs available to other computer users. The RIAA does not disclose its "investigatory methods," and spokeswoman Amanda Hunter said there are no hard-and-fast rules as to who is targeted in the probes.
"If you engage in this behavior, you are subject to this type of lawsuit," she said.

Warner Bros., Virgin Records, Interscope and Arista Records are among the labels named as plaintiffs, and they are asking a judge to bar Moreno, who also goes by the name Tina Eichstadt, and others from further file sharing and to award damages for breaking copyright, according to the suit.

The court filings include a large list of songs allegedly made available via Moreno's screen name and highlight 11 specific examples of copyright infringement — including Enrique Iglesias' "Be With You," Bon Jovi's "Never Say Goodbye" and George Michael's "Cowboys and Angels."

Moreno could not be reached for comment Thursday.

"Songlifting takes a tremendous toll on songwriters, record store owners, studio musicians and scores of other industry professionals," said RIAA President Cary Sherman in a written statement. "It is our preference to target the businesses that encourage piracy, but it's also important to send a message to individuals that engaging in the theft of music is illegal and has consequences."




Who's next!
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#156894 - 01/26/07 09:24 AM Re: Woman sued over her music downloads. [Re: RickF]
Wid Offline
axiomite

Registered: 06/22/03
Posts: 6722
Loc: The Peoples Republic of Il.
Certainly not me, it's something I have never done. I've made copies for my personel use but not to share via the computer.
_________________________
Rick


"A fear of weapons is a sign of retarded sexual and emotional maturity." Sigmund Freud


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#156895 - 01/26/07 10:24 AM Re: Woman sued over her music downloads. [Re: RickF]
LightninJoe Offline
aficionado

Registered: 10/28/05
Posts: 558
Loc: Portland, OR
I don't really want to get started on the extortionist monopolistic bastards that are the members of the RIAA. Suffice it to say that if the major labels died the deaths near-sighted greedy drivel-producing companies deserve the quality of mainstream music would improve immediately.
_________________________
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#156896 - 01/26/07 11:16 AM Re: Woman sued over her music downloads. [Re: LightninJoe]
LT61 Offline
aficionado

Registered: 02/23/04
Posts: 836
Loc: Illinois.
I agree, the recording/music industry has been "shooting themselves in the foot" for decades.
As for the rest....... sorry, stealing IS stealing.

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#156897 - 01/26/07 02:11 PM Re: Woman sued over her music downloads. [Re: LT61]
BrenR Offline
connoisseur

Registered: 12/10/03
Posts: 3602
Loc: Winnipeg MB Canada
"Tin earred, graph-paper brained accounts
Instead of music fans
Call all the shots at giant record companies now
The lowest common denominator rule.

Forget honesty, forget creativity
The dumbest by the mostest that's the name of the game
But sales are slumping
And no one will say why
Could it be they put out one too many lousy records?"
- MTV Get Off the Air (Dead Kennedys)

Now that that's out of the way, really, the woman was involved in theft of intellectual property. There are some grey areas for me in song sharing - mainly deletes, if I owned your 7" in 1986 and it was never released on CD (or 500 copies were pressed before it was deleted), I don't think your music should disappear. Case in point - Death Sentence. Someone finally bought out the rights to their albums, and there have been plans for about 5 years to rerelease on CD. And still nothing.

If the songs are readily available for purchase, and in her case - they are (without going into her taste in music... gah!) it's not so grey.

I'd much rather the RIAA go after those actually breaking the laws than piling all this DRM/rootkit stuff onto those of us who actually buy music and just want legal copies for our cars/garages.

That's my opinion on it.
Bren R.

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#156898 - 01/26/07 02:18 PM Re: Woman sued over her music downloads. [Re: BrenR]
Ken.C Offline
shareholder in the making

Registered: 05/03/03
Posts: 17791
Loc: NoVA
What's being assumed here is that the suit is legit and has the right person. Frequently, these suits aren't and don't. They get settled out of court for $2000 (literally) and the RIAA makes your little problem go away.

"Nice computer you've got here. Be a shame if someone took the house around it..."

It's extortion, plain and simple.
_________________________
I am the Doctor, and THIS... is my SPOON!

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#156899 - 01/26/07 02:40 PM Re: Woman sued over her music downloads. [Re: Ken.C]
BrenR Offline
connoisseur

Registered: 12/10/03
Posts: 3602
Loc: Winnipeg MB Canada
Quote:

It's extortion, plain and simple.


Not that simple. It's extortion if there's no basis. If there is, it's enforcement of copyright.

Bren R.

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#156900 - 01/26/07 02:44 PM Re: Woman sued over her music downloads. [Re: BrenR]
Ken.C Offline
shareholder in the making

Registered: 05/03/03
Posts: 17791
Loc: NoVA
No, no it's not. We have evidence (in other words, IPs that they acquired through slightly questionable methods that they traced back to you through questionable methods) that you are infringing copyright. We will make this problem go away if you give us $2000. That's extortion, if you know the person doesn't have the resources to fight you in court and you sue them for a ridiculous amount of money. Based on very flimsy evidence.
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I am the Doctor, and THIS... is my SPOON!

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#156901 - 01/26/07 05:05 PM Re: Woman sued over her music downloads. [Re: Ken.C]
BrenR Offline
connoisseur

Registered: 12/10/03
Posts: 3602
Loc: Winnipeg MB Canada
That's the basis of any kind of online criminal investigation, though. If it was prosecution of a disgusting form of pornography, everyone would be cheering about it. Without invoking a form of Godwin's Law, I'm not suggesting they're on the same level, I'm saying that one is very bad, one is less bad in the grand scheme of things. But public perception is that one is very bad and the other is a grand injustice being put upon this woman?!?

I'm not a big fan of how the cases may be "bought out" rather than settled, but I'm also not a big fan of how prevalent the law breaking is and how it's seen as "stickin' it to the man" like some modern Robin Hood.

There's a feeling of "aww... that poor woman" when, if the allegations are true, she's breaking copyright law.

Everyone's got that line drawn in the sand of when the decline of music started, it's best calculated by taking the year of your birth and add 18. This is the year "music started to suck." The fact that music sucks after this date doesn't mean that you should get the new Nickelback for free because it's nowhere near as good as "Houses of the Holy" was.

Good, bad or ugly... like anything, the RIAA will do whatever it can to survive - I'd just rather its targets were chosen a little more "submachine gun" (by targeting offenders) and a little less "granny's scattergun" (by saddling us all with draconian DRM and rootkits, and those awful DVD openers).

Easy for me to say, though, I've never used a P2P sharing app, so I am holier than thou.

Bren R.

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#156902 - 01/26/07 05:06 PM Re: Woman sued over her music downloads. [Re: Ken.C]
Randy_Perkins Offline
veteran

Registered: 08/31/06
Posts: 193
Loc: Franklin Indiana
it's not even about the extortion.

It's about the free publicity such as posts like this which will discourage additional people from engaging in the same behavior. It works. A certified letter threatening legal action or a payoff can modify peoples behavior, even the ones who dont recieve the letter. It's a page out of DirectTV's playbook.

IMHO laws need to be updated to give the consumer 'fair use', and to differentiate penalties between casual infractions of the law and profitable,criminal intent.


Randy
_________________________
Axiom M22,Ep500,Qs8,VP150, Denon 2807,1940, Sangean HDT-1X

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