Quote:
Originally Posted by Barry-xlovecam
Plaintiff won ? the verdict has been retried and a similar verdict reached with some modification in the jury's award. Maybe, an appeal of the latest verdict ...
This is in the US Courts and is a well known and argued case from moral viewpoint. It is important to note a few things;
1.) Her defense was that she was not the person using the IP ? she lost on that one.
2.)"[T]hat's a consequence of Congress providing statutory damages that range from $200 (for an "innocent infringer") to $150,000 per infringement. ..." She was accused of file sharing so she (her IP) was greater than an "innocent infringer."
3.) Her activities were not for some commercial gain (for some profit).
The traffic camera ticket issue cited above is still in motion;
Note the name in the URL, civil_district_court_judge_rem i.e., in rem = against property (a vehicle in this case) but the Courts can identify the vehicle's owner so the owner is fined and the vehicle is not "arrested (read seized)." I am not arguing this as right or wrong and in some cases, I think this is excessive or even possibly unconstitutional.
The most important statement in all of this is;
"[T]hat's a consequence of Congress providing statutory damages that range from $200 (for an "innocent infringer") to $150,000 per infringement. ..."
Users that are downloading for their own personal use and not "file sharing" might end up with a judgment of $200 (for an "innocent infringer",) per title proven as downloaded.
Since for about $29.95 they could have had legal access and the right to download, if I were the "Emperor," I would treble the damages to 89.85 per claimant. Remember, this is for an "innocent infringer."
|
read the case moron
no wireless router, modem connected directly to the pc, mac address of the machine identified.
They did way more than just say ip address = proof.
btw this case is all about knocking down bogus precedent, if it was about getting jamie off they would have made all their arguements at one time, they are doing it one at a time, getting a new trial, going thru the motions (including making arguements that would have only worked in the first trial) so that they can clearly prove precedent x is responsible for overturning the conviction.
Each and every time this get retried, the RIAA has to jump thru even more hoops to get the conviction, spending more and more money each time.
make available gone because of this case
liablity for the automatic indexing of the my music folder
all the extra hoops that you now have to jump thru to prove liablity.