Jason Levine
Premium
join:2001-07-13
USA
| Of course it's not worth $750
I've long said that, although the RIAA is well within their rights to go after the uploaders, the fines are way out of line.
Sure the user has uploaded the song without permission and that's unauthorized distribution. But to how many people? Is distribution to one person the same as to a thousand? If I copy a CD for my friend, is it the same as running off a hundred copies for all of my friends, family, co-workers, etc? Of course it isn't. One copy is bad (though not likely to be prosecuted), and 100+ copies is worse (though the example above might still fly below the RIAA's radar).
The fines should match the severity of the crime. If you are selling thousands of bootleg CDs on a street corner, then you should get the maximum penalty. If you've shared out copyrighted music without proper permission, then you should be fined based on how many people downloaded it from you.
Of course, the sticking point for the RIAA is that they don't know. If I were to share a song and the RIAA were to catch me, they only know about one transfer: From me to them. Given that you can buy a song from iTunes for $0.99, a $750 fine for one transfer is over 750% of the value of the song.
I might be fine in assuming a small number of transfers (say, 3-10) and establishing a fine based on that (say $3-30 per song), but $750 is way too excessive. |
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powaking
join:2003-02-18
Fall River, MA | Not to mention the grandmothers who never had a computer or the deceased 6 feet under ground. |
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Idiotunes
join:2006-06-27 | reply to Jason Levine
more like 75000% the value.  |
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Nightfall
My Goal Is To Deny Yours
Premium,MVM
join:2001-08-03
Grand Rapids, MI
 ·AT&T Midwest
 ·Comcast
 ·Site5.com
| reply to Jason Levine
I have no problems with the RIAA going after those people who feely share music. Same that I have no issues with the software makers, movie makers, and other intellectual property owners going after those that distribute their product over the internet without the owners consent.
That said, there has to be a central body that can put a value on these items. When I have caught publications and websites using my material, its amazing how easy they pay up when I confront them with it and a reasonable price upon the material. If it was a $20 penalty per song, it wouldn't be as big of a deal.
The RIAA is going after the fear factor here though.
Its about time that some neutral body can put a value on this kind of material.
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My Domain
Nightfall's Hockey and Life Journal |
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ross
join:2000-08-16
·Digizip
| reply to Jason Levine
said by Jason Levine  :...Given that you can buy a song from iTunes for $0.99, a $750 fine for one transfer is over 750% of the value of the song... $750.42 is 75800% of $0.99! |
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PolarBear
The bear formerly known as aaron8301
Premium
join:2005-01-03
·CableOne
| reply to Jason Levine
Just a quick edit: $750 is 750% of $100
$750 is 75,000% of $1... I think. Well, that's what the calc said. [One][*] [75,000] [percent key] gave a response of 750.
Somebody please back me up on this; all this moving of decimals, and now I think I may have confused myself!
Well, I was only trying to strengthen your point, Jason.
IF my calculations are correct, then:=
said by Jason Levine :Given that you can buy a song from iTunes for $0.99, a $750 fine for one transfer is over 75,000% of the value of the song.
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"I invented it, Bill made it famous." --David Bradley, the inventor of Ctrl+Alt+Del. |
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PolarBear
The bear formerly known as aaron8301
Premium
join:2005-01-03
1 edit | reply to ross
LOL, ok, Ross and Idiotunes beat me to it, and obviously I was right (using a figure of $1.00, rather than $0.99)!
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"I invented it, Bill made it famous." --David Bradley, the inventor of Ctrl+Alt+Del. |
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Jason Levine
Premium
join:2001-07-13
USA
| reply to Idiotunes
*smack*
Of course you're right. (And ross and aaron83_01 too.)
Of course, it just makes the fine that the RIAA places on a song that much worse. Imagine if you shoplifted a CD and were charged with 75,000% of the value of the CD because during the time you had it you might have made copies and passed them on to friends. Shoplifting one $15 CD would mean a fine of over $11,360. |
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