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story category RIAA Wins First Federal Music Copyright Trial
Jail time, fines and restitution are expected
09:50AM Sunday May 25 2008 by KathrynV
tags: legal · Fileswapping
Tipped by TK Junk Mail See Profile
A young man has just been convicted of conspiracy to commit copyright infringement for his role in administering a music filesharing server. The man was a member of Apocalypse Production Crew (APC), a "release group" for pirated music. Others in the group have paid fines related to these charges but nobody else had taken the case to trial. RIAA says that this is a landmark case because it is the first federal trial for online copyright infringement in which a majority of the filesharing charges were for sharing music. And of course RIAA is pleased with the verdict which will require the man to make full restitution to the record labels from which he stole music. The man also faces up to five years in prison and a quarter million dollar fine.

Related:
  1. Band Leaks Own Track, Blames Evil Pirates
  2. Law Passed Making Colleges Become Copyright Police
  3. Anti-Piracy Organization Targets Porn Websites
  4. The Pirate Bay Fights Blocking by Italian ISPs
  5. Innocent Infringement Defense May Work for RIAA Victim
  6. RIAA Finally Pays Oregon Mom $108,000
  7. Two Ex-RIAA Staffers Head Up ESA
  8. Game Publishers Follow The RIAA's Lead
Forums » RIAA Wins First Federal Music Copyright Trial
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DMNTD

join:2002-10-19
usa

edit:
May 25th, @09:53AM

Now hes an a real american...

where at least he knows he's free.
openbox9

join:2004-01-26
Navarre, FL
·AT&T Southeast
·Mediacom

Re: Now hes an a real american...

said by DMNTD See Profile :

where at least he knows he's free.
Not now that he's a convicted criminal.
DMNTD

join:2002-10-19
usa

Re: Now hes an a real american...

So are you just look hard enough.
openbox9

join:2004-01-26
Navarre, FL

Re: Now hes an a real american...

Exactly how am I a convicted criminal?
DMNTD

join:2002-10-19
usa
·AT&T DSL Service


edit:
May 25th, @09:06PM

Re: Now hes an a real american...

Well, under these rules you are...considering this is the first "release" scapegoat I have seen attacked. Most of the others were people running around with butterfly nets trying something that was new and cool. I bet you fit that category along a reasonable line.
openbox9

join:2004-01-26
Navarre, FL
·AT&T Southeast
·Mediacom

Re: Now hes an a real american...

I'll re-ask my question. Since I've never been indicted, tried before a judge/jury, or most definitely convicted for anything, how am I a convicted criminal?

Perhaps you're implying that I've ripped music CDs and then initiated their unauthorized release and/or resell via the Internet. If that's the case, then you are wrong.
DMNTD

join:2002-10-19
usa

Re: Now hes an a real american...

Ok saint.

Noah Vail
Serial Thread Killer
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edit:
May 25th, @05:14PM

Re: Now hes an a real american...

said by openbox9 See Profile :

I'll re-ask my question. Since I've never been indicted, tried before a judge/jury, or most definitely convicted for anything, how am I a convicted criminal?

Perhaps you're implying that I've ripped music CDs and then initiated their unauthorized release and/or resell via the Internet. If that's the case, then you are wrong.
His analogy isn't good. He was close though. Take convicted criminal out of it.
If I look hard enough at your life, and the penal codes; I will eventually find laws that you have broken.

I will probably find them sooner than later.

Should this young man be prosecuted before you because his crimes are more serious than the ones I will discover for you?

That's a good argument.

You could also argue that he was blatantly flouting the laws, possibly depriving others of money they were entitled to; all for his own self gain.

Now let's see if you are consistent.

The RIAA member execs have stolen billions they were never entitled to from the consumer and artists alike. They have been engaged in this, without cease, for generations.

Is your cry for justice proportionally larger for the men who perpetrated the far greater crime?

And will we see a proportionally louder cry
to bring the RIAA member execs
to justice, echoed here,
as you cheered the sentence for this young man?

Your response, or lack of it, will reveal volumes about your character to every member here.

NV
edited to quote
--
Abortion: A Republican Plot to Thin the Liberal Herd.
openbox9

join:2004-01-26
Navarre, FL
·AT&T Southeast
·Mediacom

Re: Now hes an a real american...

If I remove convicted criminal from DMNTD See Profile's argument, his argument disappears.

Of course there are laws that I've broken. I break them everyday by exceeding the speed limits or jaywalking. Until those become criminal acts and I'm convicted of them, DMNTD See Profile's point of calling me a convicted criminal is simply inaccurate.
said by Noah Vail See Profile :

The RIAA member execs have stolen billions they were never entitled to from the consumer and artists alike.
Huh? Are you referring to the price fixing charges that happened more than a decade ago? Or are you referring to the fact that you voluntarily pay $15 for a CD. Or maybe you believe the RIAA member execs have stolen billions from artists because the artists chose to sign away their rights to their works for the chance at becoming famous.
said by Noah Vail See Profile :

Your response, or lack of it, will reveal volumes about your character to every member here.
How's my character? Am I consistent?

Noah Vail
Serial Thread Killer
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Lorton, VA
·Verizon BroadbandA..
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Re: Now hes an a real american...

said by openbox9 See Profile :

Huh? Are you referring to the price fixing charges that happened more than a decade ago?
I don't have to.
»www.washingtonpost.com/wp-dyn/co···852.html
»www.washingtonpost.com/wp-dyn/co···_pf.html
»www.betanews.com/article/Music_I···35402295
»www.techlawjournal.com/home/news···/04c.asp

I imagine you aren't aware because you are just believing what you were told to believe.

But about some of 8yo price fixing convictions,
»stereophile.com/news/10744/
This covered illegal practices lasting 10-15 years.
How much money did BigMusic collect, FROM THIS PRACTICE ALONE, that they weren't entitled to?

And your opinion of this would be....

said by openbox9 See Profile :

Or are you referring to the fact that you voluntarily pay $15 for a CD. Or maybe you believe the RIAA member execs have stolen billions from artists because the artists chose to sign away their rights to their works for the chance at becoming famous.
Ah. It's all the artists fault. Would you mind naming a single artist who would concur with that opinion?
»www.negativland.com/albini.html
»www.abacus-ms.com/opa/2003/07/vivendi.shtm
»www.sarahickman.com/press/austinwoman.shtml (Electra Records)

Any evidence at all that RIAA member greed bears no responsibility here would be helpful. Just post the links below.

said by openbox9 See Profile :

How's my character? Am I consistent?
Hmm. Deny they problem. Blame the consumer. Blame the artist. That's pretty consistent alright.

The sad thing is the RIAA isn't even paying you. If you were a hooker, you'd still be broke.

NV
--
Abortion: A Republican Plot to Thin the Liberal Herd.
openbox9

join:2004-01-26
Navarre, FL
·AT&T Southeast
·Mediacom

Re: Now hes an a real american...

Four URLs, two stories. Is the DOJ still investigating the alleged price fixing for downloaded music? The radio broadcasters settled.
said by Noah Vail See Profile :

But about some of 8yo price fixing convictions
That would be the one I referred to "over a decade ago". I guess I was off by a couple of years.
said by Noah Vail See Profile :

How much money did BigMusic collect, FROM THIS PRACTICE ALONE, that they weren't entitled to?
I'd argue $0 because they charged what the market would bear and consumers continued to purchase. But the FTC believed it could be as much as $480M.
said by Noah Vail See Profile :

Ah. It's all the artists fault. Would you mind naming a single artist who would concur with that opinion?
Perhaps every single one who freely chose to sign the contract with the terms that it had? And about the LOI issue, I don't know about everyone else, but my mother taught to read everything before I sign anything. I realize that in your world, big corporations are always wrong, but it's a free market. So long as greed grasps artists and they're willing to sign away essentially all of their rights to their works and the market is willing to bear ever increasing costs of purchasing music for their enjoyment, I don't see the blame being placed anywhere else.
fuziwuzi
Not born yesterday

join:2005-07-01
Atlanta, GA
·Comcast

said by openbox9 See Profile :

Perhaps you're implying that I've ripped music CDs ....
You don't have to go any further than that. According to statements from the RIAA, they maintain that simply "ripping" the CD is a criminal act, which they had enshrined into law in the form of the DMCA. You do realize that the DMCA makes criminal the act of ripping CDs, even for your own use, because to do so you must "break" the (admittedly) weak code on the disc?

Boogeyman
Drive it like you stole it
Premium
join:2002-12-17
Huntsville, AL

Re: Now hes an a real american...

That may be true, but just the act of doing something illegal doesnt make you a convicted criminal. You have to be arrested, tried and convicted(also known as sentenced and fined/imprisoned) to be a convicted criminal.

S_engineer

join:2007-05-16
Chicago, IL

Re: Now hes an a real american...

Don't worry, with the way prisons are overcrowded now, he'll be working in a Subway sandwich shop near you soon!
--
"Anything worth having is worth cheating for." WC Fields
msuguy71

join:2005-07-10
Haslett, MI
That is true...you are not a convicted criminal. You are simply a criminal who has not been caught yet.

n2jtx

join:2001-01-13
Glen Head, NY
·Optimum Online

said by fuziwuzi See Profile :

You do realize that the DMCA makes criminal the act of ripping CDs, even for your own use, because to do so you must "break" the (admittedly) weak code on the disc?
CD's? I think you mean DVD's. DVD's have an encryption code that needs to be cracked. CD's do not as they are in CDA and are not encumbered by protection schemes (unless the manufacturer wants to lose "Red Book" certification and rights to use the "Compact Disc" logo possibly resulting in a trademark infringement suit from Philips).
--
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openbox9

join:2004-01-26
Navarre, FL
·AT&T Southeast
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said by fuziwuzi See Profile :

You do realize that the DMCA makes criminal the act of ripping CDs,
Really? Care to show me in writing where the DMCA outlaws extracting audio tracks from a CD for my personal enjoyment?

FiL
Premium
join:2005-08-16
Silver Spring, MD

Re: Now hes an a real american...

Shill?
openbox9

join:2004-01-26
Navarre, FL
·AT&T Southeast
·Mediacom

Re: Now hes an a real american...

Who? Me or fuziwuzi See Profile? If you look at my post I was stating that it isn't illegal to rip music from a CD for personal enjoyment. fuziwuzi See Profile was attempting to say that it is illegal.
gwbuffalo

join:2001-12-08
Mokena, IL

One The RIAA Actually SHOULD Have Won

I'm no fan of the RIAA and their strong armed tactics going after little kids and grandmothers who just happen to use P2P to grab a few tunes. This case was different. This was a guy who actually worked and got paid for stealing content, in this case it sounds like unreleased cds, for an organized pirate group and putting the content up on a server with a ton of other copyrighted content for download.
--
Alt-This -- My Tech Podcast
DMNTD

join:2002-10-19
usa

Re: One The RIAA Actually SHOULD Have Won


"According to the RIAA, evidence presented in the case showed that he received payment from the leader of the group in return for this work." - Hardly a Rockefeller..maybe he is?

pokesph
It Is Almost Fast

join:2001-06-25
Sacramento, CA
clubs:
·Comcast

said by gwbuffalo See Profile :

I'm no fan of the RIAA and their strong armed tactics going after little kids and grandmothers who just happen to use P2P to grab a few tunes. This case was different. This was a guy who actually worked and got paid for stealing content, in this case it sounds like unreleased cds, for an organized pirate group and putting the content up on a server with a ton of other copyrighted content for download.
Exactly.. this guy is a true 'pirate' not some casual file-sharer looking for a few tunes for his mp3 player.. and it looks like they got him for conspiracy not outright copyright infringement..

in any case, one goes down, 10 more spring up in his place.
quatrix

join:2005-02-11
Davie, FL

Re: One The RIAA Actually SHOULD Have Won

said by pokesph See Profile :

in any case, one goes down, 10 more spring up in his place.
Or not.

FiL
Premium
join:2005-08-16
Silver Spring, MD

Re: One The RIAA Actually SHOULD Have Won

Why not? A role opens up, you think noones gonna fill it?

supergirl

join:2007-03-20
Pensacola, FL
·Cox HSI
·AT&T Southeast
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·Skype

said by gwbuffalo See Profile :

I'm no fan of the RIAA and their strong armed tactics going after little kids and grandmothers who just happen to use P2P to grab a few tunes. This case was different. This was a guy who actually worked and got paid for stealing content, in this case it sounds like unreleased cds, for an organized pirate group and putting the content up on a server with a ton of other copyrighted content for download.
Well, there is your precedent on hosting. Why go for the small fish instead of the big boys though? Usually the employee gets a free ride while his bosses go to jail for a long, long time.

However, just file-sharing cases, civil or criminal, the RIAA or Gov't should "prove" it went to actual people not the RIAA or cops.
--
Saving the world keeps me busy. However, I find Earth very primitive from my home planet of Krypton.
-Supergirl

Maggs
Premium
join:2002-11-29
Woodside, NY
clubs:
·RCN CABLE

Information Control

If you control knowledge, you can control people, simple as that. The RIAA is basically a tool for the record labels. Music is the only commodity that doesn't depreciate in value. Music should be priced via a demand model, it would make it more fair.

Pressing cost for a CD I produced for my brother a year ago was $2 a CD, for 1,048 CDs. Now imagine the volume discount Sony would get for pressing 1 million CDs. The media is dirt cheap, so why don't they charge a reasonable price.

Markup on a $15 CD with a $2 production cost with sales of 1 million units is $15,000,000 / 2,000,000 = 7.5 x 100 = 75%

That's a great percentage profit, and once the master is pressed and everyone is paid, the cost is nearly zero.

Take for instance if your local grocery store marked up food 75% would you keep shopping there.
--
NIL ILLEGITIMUS CARBORUNDUM!
TheGhost
Premium
join:2003-01-03
Lake Forest, IL
clubs:

Re: Information Control

said by Maggs See Profile :

Markup on a $15 CD with a $2 production cost with sales of 1 million units is $15,000,000 / 2,000,000 = 7.5 x 100 = 75%

That's a great percentage profit, and once the master is pressed and everyone is paid, the cost is nearly zero.

Take for instance if your local grocery store marked up food 75% would you keep shopping there.
Actually, would be 750%, not 75%. What the record companies would respond with is that they spend so much more than the actual, physical production costs to make the CD.

Personally, I think they produce too much garbage today and the value for the entertainment dollar is not there. For my $15, I can either purchase a CD that will have 2 or 3 songs that I like, or I can by a DVD with a movie and extras. For 2 CDs I could purchase a video game that will give many more hours of entertainment. Music just isn't worth it to me anymore. We occasionally buy a CD, but usually it is an older one that has been discounted, or one from a CD exchange store. Better value, a concept the RIAA just doesn't want to admit.

person991283

@comcast.net

Re: Information Control

said by TheGhost See Profile :

said by Maggs See Profile :

Markup on a $15 CD with a $2 production cost with sales of 1 million units is $15,000,000 / 2,000,000 = 7.5 x 100 = 75%

That's a great percentage profit, and once the master is pressed and everyone is paid, the cost is nearly zero.

Take for instance if your local grocery store marked up food 75% would you keep shopping there.
Actually, would be 750%, not 75%. What the record companies would respond with is that they spend so much more than the actual, physical production costs to make the CD.

Personally, I think they produce too much garbage today and the value for the entertainment dollar is not there. For my $15, I can either purchase a CD that will have 2 or 3 songs that I like, or I can by a DVD with a movie and extras. For 2 CDs I could purchase a video game that will give many more hours of entertainment. Music just isn't worth it to me anymore. We occasionally buy a CD, but usually it is an older one that has been discounted, or one from a CD exchange store. Better value, a concept the RIAA just doesn't want to admit.
All of this garbage going on in the USA is due to bad laws passing because incompetent people make the laws. Just like my Comcast service support is terrible because at least 80% of the people working there are incompetent. Do not expect this to change any time soon. I gave up on this pathetic world. Just try to live happily till you die. If pirating music makes you happy go for it. If going on the RIAA's nuts makes you happy, jump aboard that too.

mcmillan

join:2001-04-15
West Bloomfield, MI

Re: Information Control

I would like to make a point.
Once you give up fighting the abuse because it is not going to change anything. Your enemy has won.
They will make every effort to make you feel this way. From there it is only one step to laws that you will like even less. Be active.
LONG LIVE THE ELECTRONIC REPUBLIC. and any other for that matter

Kilroy
Premium,MVM
join:2002-11-21
Sterling Heights, MI

said by Maggs See Profile :

The RIAA is basically a tool
You could have cut your comment right there, I did.

I agree that music cost too much for what you get. Digital music is even worse. Why pay $1 a song, lets not quibble about a penny? The only costs are initial production, storage, and bandwidth. There is no physical media, no storage, and no transportation. Why should we pay the same price as a physical product?

Barenaked Ladies is one of the few groups who understand. When Napster was the new thing they released demo tracks where you go 30 seconds of the song and a please buy our album message. On the Everything for Everyone DVD they know they are competing against free. They even have their concerts available.

That all said, this guy got what he deserved, but the RIAA isn't going to see any of that huge award.
--
How hard does DRM have to bite before business abandon it?

TK Junk Mail
Go ahead, make my day
Premium
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Margate City, NJ
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Re: Information Control

said by Kilroy See Profile :

The only costs are initial production, storage, and bandwidth. There is no physical media, no storage, and no transportation. Why should we pay the same price as a physical product?
No, there are other costs as well:

Promotion(includes advertising; public relations; etc)
Accounting
Accounts Receivable(billing)
Accounts Payable
Legal
Etc.
--
My BLOG .. .. Internet News .. .. My Web Page

a333
A hot cup of integrals please

join:2007-06-12
Corona, NY

Re: Information Control

errr, you realize he was talking about iTunes? Don't know about you, but it's beyond me how the cost of one song online, without any physical media (aka one track equivalent to a CD) can be the same as the per-track cost of a CD.

Voyager2K2

join:2001-10-04
Wayne, PA
Having once known a VP of Atlantic Records some of those costs are staggering.
The costs of rolling the dice promoting a new band would be viewed as insane to anyone outside the industry.
XknightHawkX

join:2003-02-13
Morton, IL
clubs:

Let's not forget they get paid more money besides the cd sale. The Radio station promote the music by playing it, Then the radio station has to pay to play the music for them?? What kind of business model is that? The music industry is getting money anywhere and everywhere they can get it from. Then they don't want to pay the artist saying there's no money coming in.

Time for a new business model. Their business model of robbing from the artist and customer is dying. And it isn't helping that they are killing it faster and faster.

graysonf
Premium,MVM
join:1999-07-16
Fort Lauderdale, FL

Eventually....

...all of this activity will gravitate to the darknets. That will make it truly unstoppable.

netgear
Net Gear
Premium
join:1999-12-20
Arlington, TX

Re: Eventually....

Darknets won't be able to keep the "government" out. IG.

graysonf
Premium,MVM
join:1999-07-16
Fort Lauderdale, FL

Re: Eventually....

I don't think they can keep anyone out. But the inner workings, where everything is, can be practically intractable.

netgear
Net Gear
Premium
join:1999-12-20
Arlington, TX
·RoadRunner Cable
·AT&T DSL Service

Re: Eventually....


Agreed.

Next, the "government" will define what they believe a private intranet must be. So much for "private."

I'm totally against the theft of copyrighted material, but there are certain personal, individual rights that flow with the purchase of recorded material.

I (and many others) have a private intranet, now, which allows me to stream audio and video to my A/V system, directly from my PC. "Government" has no business telling anyone how to use the music or video content owned as the result of a private sale, destined for non-profit use.

insomniac84

join:2002-01-03
Schererville, IN

This applies to almost no other cases

This guy is a supplier of the files. Everyone else is just a downloader. Arguably this is the type of person the RIAA is supposed to be going after.

KrK
Heavy Artillery For The Little Guy
Premium
join:2000-01-17
Tulsa, OK

Ouch....

I'm sure the punishments will massively outweigh the crime.
DSLdewd

join:2004-06-05
Denver, CO

Napster - 6 million songs - MP3 format - 99 cents each

All I have ever asked for is digital music priced fair without any DRM and Napster delivered. I spent $50 on new tracks with them just to show my support and I uninstalled my p2p client. I have gone legit...

Thanks Napster

Thanks RIAA for allowing it

NJxxxJon
something good. or your mom.
Premium
join:2005-10-22
00000

Re: Napster - 6 million songs - MP3 format - 99 cents each

Amazon and pepsi stuff has given me F R E E mp3s.
--
___________Post a VIDEO...or it DIDN'T HAPPEN_____

MisterMarcus

join:2001-11-10
San Diego, CA
·RoadRunner Cable

Re: Napster - 6 million songs - MP3 format - 99 cents each

Here's what's confusing.

Someone can't give me freely an MP3 encoded at 128, because that's considered "copyright infringement".

However, if there happened to be a YouTube or other media stream of said song, and I record it, that's okay.

I mean if I record straight off of SIRIUS how is that any different than sharing the MP3? Because I paid for SIRIUS? I didn't pay for the right to record, I paid for the right to listen. Therein is the problem.

I don't share MP3s. I don't use P2P to get them, I don't even deal with people who talk about them. I just find a high quality FLV stream and convert it, or record the audio directly into a new file. Does that make me a criminal? Does that mean IMEEM and YouTube and all of these other sites are breaking the law?

devilshaven

@rogers.com

blame yourself free enterprise

if they lower the price on anything their profits will fall, still be huge but lower then previouse years, how can this CEO explain that to the stock holders? he will get fired

the blame is all on free enterprise, u want freedom u got it, can't have it both way's

unless u protest, boycott the company and get their sales down, then they may rethink their business model, but no one does any protests any more, at least not protest of any significant number of people

See 6 replies to this post
nitzan

join:2008-02-27

Ridiculous.

Where is this country going to?
sparkyy
Premium
join:2005-12-22
Brooklyn, NY

Re: Ridiculous.

its already there............

ztmike
1kwikgt
Premium
join:2001-08-02

lol

What you in prison for?

"I downloaded the movie, Undercover Brother"

LOL

The AA's can kiss my ass.
--
www.youtube.com/watch?v=mdYueIC1pjM
nydwarf1

join:2008-04-11
St Catharines, ON

Prison?

Well good luck Yanks, we'll all come and visit all of you in prison some day.

a333
A hot cup of integrals please

join:2007-06-12
Corona, NY

Re: Prison?

I have only three words for the MAFIAA:
WALK THE PLANK!!!!!!!!!!! HAHAHA!!!!!!!!!!1
Roop

join:2003-11-15
Ottawa, ON
·Internet Telephone..

down with riaa

I say we protest against the RIAA.

What's something easy that everyone can do? Mail all of your CD's from RIAA backed labels to their headquarters.

You can leave a nice note saying "it makes you sick knowing what they do with your money"

or "i've already ripped all the tracks and don't need these anymore"

or "i've cracked these cds into long sharp jagged pieces which i hope make their way into the eyes of your employees."

ThaTmaN

o Well

one down....bout 999,999,999 to go.

try try and try as hard as you like...Piracy isn't giving up yet
Forums » RIAA Wins First Federal Music Copyright Trial


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