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 TKJunkMail Enjoy the sun Premium join:2002-03-03 Avalon, NJ
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| Re: sure it is! said by danclan :.10 to the artist, .60 for the manufacturing and distro, 150$ for the executives, 500$ for the lawyers, the rest covers court costs and the .30c will cover postage. The amount of loss the RIAA quotes isn't for the cost of a single DOWNLOADED song. It is for the estimated cost of that song being uploaded to thousands of other people. The RIAA for the most part has gone after those UPLOADING songs and that is what the costs are meant to reflect. -- -- My BLOG My Web Page | |
|  wentlanc You Can't Fix Dumb..
join:2003-07-30 Maineville, OH
| Re: sure it is! Prove that ANYONE actually downloaded that song from the person. The person is not knowledgably uploading the song. Someone else is downloading it from them. If anything, the person who is being downloaded from is being taken advantage of.
It's a lot like leaving your car door unlocked. Does that make you a criminal?
puritan | |
|  |  NormanS Premium,MVM join:2001-02-14 San Jose, CA
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| Re: sure it is! I hate car analogies. Mostly because they aren't a best fit. Better would be swimming pools and firearms. "I didn't know the gun was loaded" doesn't fly any more.
How can a person install, and run, a filesharing application without knowing what filesharing entails? Mostly what they didn't know was that uploading copyrighted works was a violation of copyright law. As any two-bit, cheesy attorney (not to mention the really good ones) will tell you, "Ignorance of the law is no excuse". -- Norman ~Oh Lord, why have you come ~To Konnyu, with the Lion and the Drum | |
|  |  |   tsu9
join:2001-08-17 Wheeling, IL | Re: sure it is! You would be very, very surprised.
Some people can't program VCRs, either, but can plug them into the wall. | |
|  |  |  |   PolarBear The bear formerly known as aaron8301 Premium join:2005-01-03
·CableOne
| Re: sure it is! If your VCR eats a tape from blockbuster, you are still responsible for the tape, even though you didn't know you were supposed to clean the VCR periodically.
It's not about whether or not you know if the filesharing program is indeed going to upload songs; YOU installed the program and chose to run it, thus YOU need to be responsible for what it does. Don't know what it does? Well maybe you shouldn't be installing and running software on your computer if you don't know what it does. Hell, if you are that ignorant about software, you probably shouldn't be using a computer at all.
Many (lets say, for example) young teenagers can jump behind the wheel of a car and manage to figure out how to make the thing move. Does that mean we should just let them drive through city traffic? -- "I invented it, Bill made it famous." --David Bradley, the inventor of Ctrl+Alt+Del. | |
|  |  |  |  |   tsu9
join:2001-08-17 Wheeling, IL | Re: sure it is! I wasn't arguing for an ignorance defense, but rather pointing out that ignorance is apparently quite contagious. | |
|  |  |  |  |  |   PolarBear The bear formerly known as aaron8301 Premium join:2005-01-03
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1 edit | Re: sure it is! In that case, I agree wholly. It is amazing to what people will claim "but I didn't know!"
Because, of course, finding out one way or another is simply an absurd idea. God forbid they acquire new knowledge!
edit: typo -- "I invented it, Bill made it famous." --David Bradley, the inventor of Ctrl+Alt+Del. | |
|  |  |  |  |  |  |   Pz_
join:2001-03-31 Brownsburg, IN clubs: | Re: sure it is! I gotta say, love that avatar. | |
|  |  |  |  |   meomyomeomy
@telus.net
| quote: "Many (lets say, for example) young teenagers can jump behind the wheel of a car and manage to figure out how to make the thing move. Does that mean we should just let them drive through city traffic?"
Ok, drive a one tone car that could take someones life for good; or download a song that takes money out of someones pocket? Hmmm tough one!
I should sue company's that uses automated robots cause I lose my income because a technology has forced me out of a job!
We live in the year 2006, some people like the riaa refuse to acknowledge that. When the times change businesses must change as well. Other wise the makers of the horse and buggy would be suing ford for making cars...
Ya I know, this topic is always a very opinionated subject, nature of the beast i guess....
On second thought, the riaa is right. If ALL music was free it would be the end of the world... | |
|  |  |  |  NormanS Premium,MVM join:2001-02-14 San Jose, CA
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| said by tsu9 :You would be very, very surprised. Some people can't program VCRs, either, but can plug them into the wall. People like that should never be allowed to have cars and guns. -- Norman ~Oh Lord, why have you come ~To Konnyu, with the Lion and the Drum | |
|  |  |  iotastorm
join:2006-01-24 Florissant, MO
| Actually, people will install the program with default settings not knowing or realizing that whatever they download gets stuck in a shared folder and shared again. They just wanna get free music, etc. I knew someone like that, called me because his connection was soooo slow, found their little file-sharing program (e-donk I think) was sharing anything they downloaded and was filling up the upstream bandwidth. They had no idea that would happen, (User in need of clue). Not saying is good of bad just adding insight for mix. PIBKAC (Problem Isolated - Between Keyboard And Chair) | |
|  |  |  |  NormanS Premium,MVM join:2001-02-14 San Jose, CA
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| Re: sure it is! "Filesharing". File: a set of data, including the bits which make up the music/video". Share: allowing people to obtain what I have in exchange for giving me what they have".
It sounds like those people are worse than ignorant; they lack a basic grasp of the English language. Perhaps we should insist on a literacy test before selling people computers. Geez! I have to prove my competence before California will allow be to drive a car on their freeways, or buy a gun! -- Norman ~Oh Lord, why have you come ~To Konnyu, with the Lion and the Drum | |
|  |  |   toadlife Premium join:2004-05-03 Lemoore, CA
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| said by NormanS :I hate car analogies. Mostly because they aren't a best fit. maybe we should start one of these for DSLR. -- Break yourself from the Windows admin nipple...
»nonadmin.editme.com | |
|  |  |  flotknot Premium join:2004-05-29 Calgary, AB
| ummm...the issue is something like 'prove that the guy who downloaded a copy of some dumbass song cost the record company 30k', not 'prove that filesharing is legal'.
The record companies pull numbers out of their asses on a regular basis ffs.
Christ on a stick! I've dl'ed millions if each POS song is worth 30k.
Cool, aint I a badass mega-criminal. Move over Gotti/Rumsfeld/ENRON execs...my hard drive is worth millions! | |
|  |  |  |  NormanS Premium,MVM join:2001-02-14 San Jose, CA
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| Re: sure it is! said by flotknot :ummm...the issue is something like 'prove that the guy who downloaded a copy of some dumbass song cost the record company 30k', not 'prove that filesharing is legal'. I have no idea what you are responding to. None of what you are writing relates to anything that I have posted.
Downoaders are not the ones facing legal sanctions. Period. You can't identify downloaders, but you can identify uploaders.
Never have I ever stated that filesharing is "illegal". Only that people who run filesharing programs without understanding what it means to share files are, um, deficient in their knowledge of what English words mean.
The record companies pull numbers out of their asses on a regular basis ffs. I never said otherwise. I even questioned whether a methodology to determine actual losses could be developed.
Christ on a stick! Blasphemy! I should "plonk" you for that. Seriously...
I've dl'ed millions if each POS song is worth 30k.
Cool, aint I a badass mega-criminal. Move over Gotti/Rumsfeld/ENRON execs...my hard drive is worth millions! If all that you have done is download the stuff, they will never catch you. They can't catch. If you have uploaded, as well, without authorization of the copyright holders, well; yes, whether you steal a penny, or ten billion pennies, you are a thief. Not that unauthorized distribution of copyrighted works is theft, but it is illegal. -- Norman ~Oh Lord, why have you come ~To Konnyu, with the Lion and the Drum | |
|  |  |  NormanS Premium,MVM join:2001-02-14 San Jose, CA
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2 edits | Re: sure it is! said by Omega :Then the RIAA needs to prove that user uploaded the song to thousands of people. The RIAA only needs to prove two things:
•That their estimate of lost revenues is reasonable. •That running a P2P application allows others to download the works.
They may have to settle for a lower estimate of lost revenues, depending upon what the judge in that case decides is reasonable. But it is entirely reasonable to estimate how many uploaders downloaders there are based on metrics available in any BitTorrent client. And I can think of reasonable methods to develop such metrics for the P2P apps which don't have them built in.
-- Norman ~Oh Lord, why have you come ~To Konnyu, with the Lion and the Drum | |
|  |  |  mlundin
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| Re: sure it is! said by NormanS :The RIAA only needs to prove two things: •That their estimate of lost revenues is reasonable. •That running a P2P application allows others to download the works. That depends on who's sitting on the jury. | |
|  |  |  |  NormanS Premium,MVM join:2001-02-14 San Jose, CA
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| Re: sure it is! said by mlundin :said by NormanS :The RIAA only needs to prove two things: •That their estimate of lost revenues is reasonable. •That running a P2P application allows others to download the works. That depends on who's sitting on the jury. Ideally, that should only depend upon the facts of law. -- Norman ~Oh Lord, why have you come ~To Konnyu, with the Lion and the Drum | |
|  |  |  |  |  flotknot Premium join:2004-05-29 Calgary, AB 1 edit | Re: sure it is! What if these 'facts of law' are fascist, unreasonable, and written by bastards?
Read up on why the jury system exists, dumbass. | |
|  |  |  |  |  |  NormanS Premium,MVM join:2001-02-14 San Jose, CA | Re: sure it is! "dumbass"...
I am done with you. "PLONK". | |
|  |  |  Capharnaum
join:2006-06-19 Montreal, QC
| said by NormanS :•That their estimate of lost revenues is reasonable. •That running a P2P application allows others to download the works. There hasn't been anything that has proven that filesharing incurs a loss of revenue. If it did, then radio would also incur a loss of revenue, since they're playing songs for free as well (but they're being paid as well by the music companies). As far as I know, radio is a promo way to raise revenues, so why wouldn't filesharing be the same?
As to estimates of files shared, wouldn't the RIAA have to estimate the availability of said file (time + bandwidth)? For exemple, couldn't I use for defense that I metered the time I was using the filesharing utility and the bandwidth used (some software utilities do this) and get a figure of how many songs I have really uploaded? In such case, if the number was small, couldn't I contend that it was fair use, and that the penalties are out of line?
Now I don't use the filesharing programs anymore, but back in the glory time of Napster, people were rarely downloading my songs despite the fact I was offering a fairly large selection (200 songs?). I would upload something like one song per night of usage (two times a week). | |
|  |  |  |  NormanS Premium,MVM join:2001-02-14 San Jose, CA
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| Re: sure it is! You overtrimmed the quote. There is more context that you deliberately omitted.
said by Capharnaum :There hasn't been anything that has proven that filesharing incurs a loss of revenue. If it did, then radio would also incur a loss of revenue, since they're playing songs for free as well (but they're being paid as well by the music companies). As far as I know, radio is a promo way to raise revenues, so why wouldn't filesharing be the same? Commercial radio makes money off of the advertising, not off of anything paid them by the RIAA. In fact, they pay the RIAA for distribution rights.
As to estimates of files shared, wouldn't the RIAA have to estimate the availability of said file (time + bandwidth)? For exemple, couldn't I use for defense that I metered the time I was using the filesharing utility and the bandwidth used (some software utilities do this) and get a figure of how many songs I have really uploaded? In such case, if the number was small, couldn't I contend that it was fair use, and that the penalties are out of line? No defense. You did not have permission to distribute the work, therefore your distribution of the work is a violation of the copyright. All that is left to hash out is the degree of damage done by the unauthorized download.
AFAIK, they need some kind of provable metric to estimate the number of people who downloaded from you. I don't know how I would go about it. Could be that the RIAA will be in the position of Shylock from "The Merchant of Venice" (I think), who was told by the judge that he could have his pound of flesh if he can get it without drawing a drop of blood.
Now I don't use the filesharing programs anymore, but back in the glory time of Napster, people were rarely downloading my songs despite the fact I was offering a fairly large selection (200 songs?). I would upload something like one song per night of usage (two times a week). Probably not as many HSI connections then as now. Or, maybe the stuff wasn't worth the effort. -- Norman ~Oh Lord, why have you come ~To Konnyu, with the Lion and the Drum | |
|  |  |  |  |  flotknot Premium join:2004-05-29 Calgary, AB
1 edit | Re: sure it is! said by NormanS :You overtrimmed the quote. There is more context that you deliberately omitted. said by Capharnaum : Commercial radio makes money off of the advertising, not off of anything paid them by the RIAA. In fact, they pay the RIAA for distribution rights. Are you joking? If not, you are 100% wrong, at least in N.America. 'In fact', not only do the stations not pay the record companies, some record companies pay the stations. i think you are getting confused with the payments to BMI/axcap. No defense. You did not have permission to distribute the work, therefore your distribution of the work is a violation of the copyright. Are you a copyright lawyer? Didn't think so. Maybe you should tone down your black and white know-it-all replies. They leave little room for actual discussion.
All that is left to hash out is the degree of damage done by the unauthorized download. Really? Wow. so its all the legal rangling has been settled then.
AFAIK, they need some kind of provable metric to estimate the number of people who downloaded from you. I don't know how I would go about it. Could be that the RIAA will be in the position of Shylock from "The Merchant of Venice" (I think), who was told by the judge that he could have his pound of flesh if he can get it without drawing a drop of blood.
Great quote! lets not forget the other one: he who has the gold makes the rules. | |
|  biznatch11
join:2004-11-21 London, ON
| Consider this:
Person A has a song available for filesharing, which is downloaded by persons B to Z. The RIAA sues person A and gets $750, because even though the song is worth much less ($0.99 according iTunes, etc.), the RIAA has to recoup money lost because of persons B to Z downloading the song (and apparently not spending money to buy the song instead). Now what happens if the RIAA wants to sue persons B to Z for downloading the song? Can they use the defense that the RIAA has already been paid by person A?
It seems to me that if the RIAA wants $750 per song, they can only sue every 750th person who downloads the song. | |
|  |  Capharnaum
join:2006-06-19 Montreal, QC | Re: sure it is! Even then, nothing says the downloader hasn't paid for the song. I used to be lazy and download the songs I have on cd instead of ripping the cds | |
|  |  NormanS Premium,MVM join:2001-02-14 San Jose, CA
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| said by biznatch11 :It seems to me that if the RIAA wants $750 per song, they can only sue every 750th person who downloads the song. They aren't suing the downloaders, they are suing the uploaders. -- Norman ~Oh Lord, why have you come ~To Konnyu, with the Lion and the Drum | |
|   Speedy8 Premium join:2002-08-22 Alliance, OH clubs:
| said by TKJunkMail :said by danclan :.10 to the artist, .60 for the manufacturing and distro, 150$ for the executives, 500$ for the lawyers, the rest covers court costs and the .30c will cover postage. The amount of loss the RIAA quotes isn't for the cost of a single DOWNLOADED song. It is for the estimated cost of that song being uploaded to thousands of other people. The RIAA for the most part has gone after those UPLOADING songs and that is what the costs are meant to reflect. So any songs I may have been downloaded have been paid for in full by people distributing them? Sweet! | |
|   guitarzan Premium join:2004-05-04 Skytop, PA
·epix
| Its the voice of the people that have spoken, who are now awash in complete liberal giddiness or in other words.
The I want for free, take me, buy me, show me, give me, era of the new entitlement generation, lessons learned from their new political masters (idols).
I hope the liberals expand the NSA wire tapping into the area of P2P internet file sharing. Since the election one no longer hears the cries and wailing of we are losing our right, we are losing our privacy Everything hunky dory A-OK now?
Ya, know what has me perplexed? All the posts and talk of revolt and revolution against the government from posters here, showed their true colors by casting a vote for DemocRATS, to end the war Iraq and the terrorists pouring into Iraq from Syria and Iran. OMG stop he war, we just want to violate copyright laws and download music for free.
I was against the RIAA, now more power to them  In my dictionary, sympathy for getting nabbed for file sharing is between shite and syphilis. -- Its the Democrats fault. In fact it is the Speaker of House Polosi fault. Everything is the Democrats fault. Everything. Just like Everything was the Republicans Fault when they were in power. | |
|  |   KrK Heavy Artillery For The Little Guy Premium join:2000-01-17 Tulsa, OK
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| Re: sure it is! That entire post could be considered being between shite and syphilis, methinks. Bit of a sore loser, eh?
Its the Democrats fault. In fact it is the Speaker of House Polosi fault. Everything is the Democrats fault. Everything. Just like Everything was the Republicans Fault when they were in power. Wrong. Apparently you forgot. When the Republicans were in power (and many still are) everything was Bill Clinton's fault. -- "Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!) | |
|  |  |   guitarzan Premium join:2004-05-04 Skytop, PA
·epix
| Re: sure it is! said by KrK :That entire post could be considered being between shite and syphilis, methinks. Bit of a sore loser, eh? Sure you can consider the post in such a manner, all liberals will consider it that way. It's apparently a correct opinion. I'm calling it as i see it. Sore looser no, a bit sad at first, until reaching the conclusion this is politics, What's good for the goose is also good for the gander.
For as much Bush bashing and hatred displayed here. I have 3 times as much venon and hatred of ALL LIBERAL Democrats. Paybacks are usually hell, and its my unwavering, firm resolve to make this payback as hellish and mean spirited bashing, as humanly possible. You want to poke one eyeball out. I will settle for nothing less than two eyeballs poked out from their sockets in return.
Its the Democrats fault. In fact it is the Speaker of House Polosi fault. Everything is the Democrats fault. Everything. Just like Everything was the Republicans Fault when they were in power. said by KrK :Wrong. Apparently you forgot. When the Republicans were in power (and many still are) everything was Bill Clinton's fault. Correct !! it STILL is Bill Clinton's fault along with his wife Hildabeast. As for my sig, think of that as my Anti Virus.. the definitions needs daily updating.
BTW: I see the liberal Democrats, are already itching with fleas to govern from the left. They are already talking of raising taxes, or in this case, floating trial balloons to test the waters to see when the time is "right", no pun intended to increase taxes.
I can hardly wait for them to start beating the liberal drum for gun control and the 2nd Amendment right.In case they are stupid and they are, here is a clue. A drivers liscense is a privilage, which can be takin' away or revoked.
The Government does/did not grant Constitutional Rights. Therefore they have absolutely no power or authorithy to restrict, deny, or take away Rights. (Hey newly elcted Liberal Dems, You got that, you clueless f&*kers? )
I really want to see these azzhats commit politial suicide and self sacrifice on the altar of gun control. It will be their undoing of their political careers. It will be their worst nightmare, 1994 all over again, when they not only lost control of the House but also the Senate and the presidency.
Here in all its ugly glory is the eliteism of liberals quote: John Kerry
"You know, education, if you make the most of it, you study hard, you do your homework and you make an effort to be smart, you can do well. If you don't, you get stuck in Iraq."
I love our Armed Srvices response to ketchup boy -- Its the Democrats fault. In fact it is the Speaker of House Polosi fault. Everything is the Democrats fault. Everything. Just like Everything was the Republicans Fault when they were in power. | |
|  |  |  |   KrK Heavy Artillery For The Little Guy Premium join:2000-01-17 Tulsa, OK
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| Re: sure it is! Since the elections this week this site has been full of all kinds of bile and sour grapes from hardright Republicans who are knashing their teeth and crying and whining and shaking their fists.
I really don't care. Rage, foam at the mouth, threaten doom and gloom... it doesn't change any of it one iota. I mean this is a classic example:
said by guitarzan : I have 3 times as much venon and hatred of ALL LIBERAL Democrats. Paybacks are usually hell, and its my unwavering, firm resolve to make this payback as hellish and mean spirited bashing, as humanly possible. You want to poke one eyeball out. I will settle for nothing less than two eyeballs poked out from their sockets in return. That makes you sound demented, and while it may be actually 100% accurate of how you feel, it just proves to everyone else you're going off the deep end. Especially as it's so bass-ackwards. It's the Democrats after all who owe the Republicans Payback. I just hope they'll decide resist the option and not do what has been done to them.
I can hardly wait for them to start beating the liberal drum for gun control and the 2nd Amendment right.In case they are stupid and they are, here is a clue. A drivers liscense is a privilage, which can be takin' away or revoked. Yes, the 2nd Ammendment spells out that we should have a well regulated militia. I'm not sure about how that figures into your idea of the big picture. I think it's quite telling that "Well Regulated Militia" (ie rules. Laws. Restrictions.) is the language specifically used in the 2nd Ammendment.The Government does/did not grant Constitutional Rights. Therefore they have absolutely no power or authorithy to restrict, deny, or take away Rights. (Hey newly elcted Liberal Dems, You got that, you clueless f&*kers? ) Hopefully they won't be as clueless as the republicans and the current administration has been. I mean I have a hard time figuring why you'd be supporting these guys who keep increasing Government size, scope, power, and undercutting and removing rights.
You are obviously very passionate about what you believe, but it seems like it's misguided to me. -- "Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!) | |
|  |  |  |  |  See 6 replies to this post | |
 |  flotknot Premium join:2004-05-29 Calgary, AB | Bhaaahaaaa!
I love stephen colbert's satire of right wing mumbo jumbo.
thanks steve. | |
|  |  |   guitarzan Premium join:2004-05-04 Skytop, PA
·epix
| Re: sure it is! said by flotknot :Bhaaahaaaa! I love stephen colbert's satire of right wing mumbo jumbo. thanks steve. Oh look a leftist liberal socialist from Calgary, AB Muhaaahaaaa! trying to defend the complete nit-wittery of liberal politics, which if classified as satire would be a major step up in policy that has more fruitloops than what is found in a box of fruitloop cereal.
Yet, again another classic example of the mentality of the for free, take me, buy me, show me, give me, era of the new entitlement generation. 
Your welcome
Dr. Heywood yablowme -- Its the Democrats fault. In fact it is the Speaker of House Polosi fault. Everything is the Democrats fault. Everything. Just like Everything was the Republicans Fault when they were in power. | |
|   thender2 Glamour Profession Premium join:2004-05-16 Staten Island, NY
| said by TKJunkMail :said by danclan :.10 to the artist, .60 for the manufacturing and distro, 150$ for the executives, 500$ for the lawyers, the rest covers court costs and the .30c will cover postage. The amount of loss the RIAA quotes isn't for the cost of a single DOWNLOADED song. It is for the estimated cost of that song being uploaded to thousands of other people. The RIAA for the most part has gone after those UPLOADING songs and that is what the costs are meant to reflect. You can't even prove that much.
You can't say how many people it was uploaded to, or that it was uploaded to anyone but the RIAA official who downloaded it. You can't say it lost them money because, in addition to not being able to prove they would have bought the album if not for downloading, you can't prove they didn't download it without knowledge the band existed, then went out and bought the album. -- The Problem With Music.
Our Rationale
Time to rewrite the DMCA. | |
|   phattieg
join:2001-04-29 Winter Park, FL
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| said by TKJunkMail :said by danclan :.10 to the artist, .60 for the manufacturing and distro, 150$ for the executives, 500$ for the lawyers, the rest covers court costs and the .30c will cover postage. The amount of loss the RIAA quotes isn't for the cost of a single DOWNLOADED song. It is for the estimated cost of that song being uploaded to thousands of other people. The RIAA for the most part has gone after those UPLOADING songs and that is what the costs are meant to reflect. Can someone say "unfair practice". Of course the person who stole the song broke the law, but you can't prosecute them for sharing the medium, and THEN charge them "extra" money for your losses, when you expect to "overcharge" everyone you sue for sharing the music.
Basically, it's not right, knowing that in the end, if everyone responsible gets sued, the music companies will make the cost they expected, plus extra revenue for sueing. $750 a song, compared to the average cost of an entire retail CD of $18, average CD has 18 tracks, meaning the songs REALLY worth $.99, pfft c'mon. This is why everyone is screwing the music industry in the first place, for overcharging on something the artist would probably be doing for free anyway, lord knows thats how they were discovered.
 -- SIPPhone/Gizmo # 17476200648 / PIMPNET Chatline / Ran by Asterisk & Slackware 10.1. | |
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