Goober
Premium
join:2000-12-17
Naperville, IL
1 edit | Re: Bout time! SICK EM BOYS! Statutory copyright infringement damages don't have anything to do with compensatory damages. Different animals. | |
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SSX4life
Premium
join:2004-02-13
 ·RoadRunner Cable
| Re: Bout time! SICK EM BOYS! True.... but considering both are means to the same end you would think it would end up in civil courts not federal.
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»www.google.com is your best friend... please use it before asking your question. | |
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Goober
Premium
join:2000-12-17
Naperville, IL | Re: Bout time! SICK EM BOYS! Copyright violation is a federal offense though. So federal court is the proper jurisdiction.
But, I agree that the statutes are being abused by the copyright holders. | |
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| | wispalord
join:2007-09-20
House Springs, MO | Re: Bout time! SICK EM BOYS! i could see feds involvement if he was profiting from the copyrighted works, but not just SHARING. i dont see how its different from recoring it off the radio and making copys for friends, i did that alot when i was younger. | |
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Goober
Premium
join:2000-12-17
Naperville, IL | Re: Bout time! SICK EM BOYS! In your example, your copies weren't virtually perfect and you supplied only to a limited number of people.
In the cases being pursued by the RIAA, virtually perfect copies are being distributed to potentially millions of people. | |
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| | | | wentlanc
You Can't Fix Dumb..
join:2003-07-30
Maineville, OH
| Re: Bout time! SICK EM BOYS! said by Goober  :In your example, your copies weren't virtually perfect and you supplied only to a limited number of people. In the cases being pursued by the RIAA, virtually perfect copies are being distributed to potentially millions of people. How can you permit it depending on quality of the material and quantity of people receiving it? It's either right, or it's wrong. Pick a side.
cw | |
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Goober
Premium
join:2000-12-17
Naperville, IL
1 edit | Re: Bout time! SICK EM BOYS! I don't have to choose a side and neither does the RIAA. They can choose who they want to pursue based on whatever internal criteria they have. There's no obligation that they pursue everyone. | |
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| | | | | | wentlanc
You Can't Fix Dumb..
join:2003-07-30
Maineville, OH | Re: Bout time! SICK EM BOYS! Can they prove that any transfer actually occurred to anyone but themselves? It just seems to me that they are making a lot of assumptions about what could have possibly happened...
cw | |
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Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..
1 edit | Re: Bout time! SICK EM BOYS! You make a good point.
It'll be during discovery where they'll try to get some detailed evidence. But, they have at least something that they feel was good enough to get them into court. I suppose the judge could toss the case it if he feels that the RIAA is bringing a frivolous lawsuit forward. But, I doubt that happens.
I will say, though, that I strongly doubt that this is the kind of fight the RIAA was looking for when it filed the original lawsuit. I would imagine the RIAA is scrambling to figure out how to bail out of this. Losing this lawsuit probably doesn't fit very well into the RIAA's business plan for the future. | |
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| | | | | | | | Sammer
join:2005-12-22
Canonsburg, PA
| Re: Bout time! SICK EM BOYS! said by Goober :I would imagine the RIAA is scrambling to figure out how to bail out of this. Losing this lawsuit probably doesn't fit very well into the RIAA's business plan for the future. They'll probably either settle (terms too good for Joel to pass up under non disclosure) or find some reason to drop this lawsuit, then Charles R. Nesson will have to find another client. | |
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gfhjtdut
@suddenlink.net | Nothing is ever black or white. Right and wrong are subjective and have varying degrees. Real world problems are tricky like that. | |
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Goober
Premium
join:2000-12-17
Naperville, IL | Re: Bout time! SICK EM BOYS! Oh, I agree. This one is going to be fun to watch. The RIAA has got to be squirming big time on this development. | |
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Goober
Premium
join:2000-12-17
Naperville, IL | Re: Bout time! SICK EM BOYS! Sorry I wasn't clear. I'm saying the $1M is statutory, not compensatory. | |
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| | Sammer
join:2005-12-22
Canonsburg, PA
| Re: Bout time! SICK EM BOYS! said by Goober : I'm saying the $1M is statutory, not compensatory. So if $1 Million for sharing 7 songs is cruel and unusual punishment (any reasonable person would think it is) the statute must be unconstitutional? | |
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Goober
Premium
join:2000-12-17
Naperville, IL | Re: Bout time! SICK EM BOYS! That really applies in criminal laws.
This is civil. | |
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| | | | Sammer
join:2005-12-22
Canonsburg, PA | Re: Bout time! SICK EM BOYS! There is nothing civil about the RIAA racketeers! | |
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Goober
Premium
join:2000-12-17
Naperville, IL | Re: Bout time! SICK EM BOYS! Okay. Whatever you say . . . | |
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kamm
join:2001-02-14
Brooklyn, NY
 ·T-Mobile US
1 edit | Re: Bout time! SICK EM BOYS! said by major marco :said by Goober :Statutory copyright infringement damages don't have anything to do with compensatory damages. Different animals. WTF are you even talking about. Your comment makes about as much sense with regard to the topic as saying that red apples and a blue sky are different animals.  On top of that he's dead fuckin' wrong about pretty much everything WRT statutory infringement damages: the statute provides for damages $750 to $30k per work (up to $150,000 if proven to be deliberate) so $1M just doesn't make sense anyway, it was obviously pulled out of the bottom part of some skinny 'hot stud' studio boy by his fat boss...
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said by bicker :Waaaa waaaa waaaa. You just want what you want and don't care to factor in what is right or true. Your perspectives are un-American, and deserve far more ridicule than I'm prepared to pile on them. | |
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Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..
2 edits | Re: Bout time! SICK EM BOYS! said by kamm :said by major marco :said by Goober :Statutory copyright infringement damages don't have anything to do with compensatory damages. Different animals. WTF are you even talking about. Your comment makes about as much sense with regard to the topic as saying that red apples and a blue sky are different animals. On top of that he's dead fuckin' wrong about pretty much everything WRT statutory infringement damages: the statute provides for damages $750 to $30k per work (up to $150,000 if proven to be deliberate) so $1M just doesn't make sense anyway, it was obviously pulled out of the bottom part of some skinny 'hot stud' studio boy by his fat boss... $150K * 7 = $1.05M
I guarantee you that I'll be correct compared to you in regards to IP matters 99.99% of the time. | |
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kamm
join:2001-02-14
Brooklyn, NY
·T-Mobile US
| Re: Bout time! SICK EM BOYS! said by Goober :$150K * 7 = $1.05M I guarantee you that I'll be correct compared to you in regards to IP matters 99.99% of the time. Might be - though we will have to see that because you really sound like someone with little clue about the very flimsy or flat-out false constitutionality of these "copy-right" or IP laws, the lingering illegality of the DMCA etc - but again, you are NOT CORRECT here.
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[BQUOTE=[user=bicker]]Waaaa waaaa waaaa. You just want what you want and don't care to factor in what is right or true. Your perspectives are un-American, and deserve far more ridicule than I'm prepared to pile on them.
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Goober
Premium
join:2000-12-17
Naperville, IL
·Comcast
·WOW Internet and C..
| Re: Bout time! SICK EM BOYS! said by kamm :said by Goober :$150K * 7 = $1.05M I guarantee you that I'll be correct compared to you in regards to IP matters 99.99% of the time. Might be - though we will have to see that because you really sound like someone with little clue about the very flimsy or flat-out false constitutionality of these "copy-right" or IP laws, the lingering illegality of the DMCA etc - but again, you are NOT CORRECT here. I don't see my math being wrong.
"someone with little clue . . . " BIG LOL!!! You're a funny little self-inflated ego maniac. | |
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| | | | | fiberguy
My views are my own.
Premium
join:2005-05-20 | Re: Bout time! SICK EM BOYS! Goober, I'll 2nd you, and respect your input - at least I recall what you do for a living and where your background is. As for the other side of this coin, well, he just needs to remain face down, preferably in the gutter. | |
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Goober
Premium
join:2000-12-17
Naperville, IL | Re: Bout time! SICK EM BOYS! Thanks Fiberguy. I don't have a horse in this race, so I'm just trying to make fact based comments. I'm not trying to take a position one way or another. | |
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