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Your thoughts on media piracy..?

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http://www.news.com.au/technology/story/0,...5014239,00.html

A JUDGE has ordered a new trial for a woman convicted of pirating music on the internet and denounced the awarding of $US222,000 ($263,694) in damages to record companies as "wholly disproportionate" and "oppressive."

 

Jammie Thomas, a single mother from Minnesota, was convicted in October 2007 in the first such online piracy case in the US for sharing 24 songs through the Kazaa peer-to-peer file-sharing network.

 

She was ordered to pay $US220,000 ($263,694), or $US9,250 ($11,087) per song, in damages to six record companies — Capital Records, Sony BMG Music, Arista Records, Interscope Records, Warner Bros. Records and UMG Recordings.

 

But the judge who presided over the case ordered a new trial this week saying he had erred in his instructions to the jury with his interpretation of whether Ms. Thomas had actually distributed the music or not.

 

Chief Judge Michael Davis of the US District Court based in Minneapolis, Minnesota, said the jury instructions had "substantially prejudiced Thomas's rights."

 

"Based on the Court's error in instructing the jury, it grants Thomas a new trial," he said.

 

In his ruling, Judge Davis also called on the US Congress to amend the Copyright Act and condemned the jury's damages award against Ms. Thomas.

 

Noting that she "sought no profit from her acts," Judge Davis wrote that "Thomas's conduct was motivated by her desire to obtain the copyrighted music for her own use."

 

"The Court does not condone Thomas's actions, but it would be a farce to say that a single mother's acts of using Kazaa are the equivalent, for example, to the acts of global financial firms illegally infringing on copyrights in order to profit in the securities market," he said.

 

"The damages awarded in this case are wholly disproportionate to the damages suffered by Plaintiffs.

 

"Her alleged acts were illegal, but common," the judge added.

 

"Her status as a consumer who was not seeking to harm her competitors or make a profit does not excuse her behaviour. But it does make the award of hundreds of thousands of dollars in damages unprecedented and oppressive."

 

The Recording Industry Association of America (RIAA) and major music labels have brought suits against thousands of people in the US for illegally downloading and sharing music, with most agreeing to settlements of between $US3000 and $US5000.

 

Ms. Thomas was the first among those being sued to refuse a settlement and instead took the case to court.

 

Industry analysts say illegal music downloading and file-sharing remains prevalent despite the surge in interest in legal music download services.

 

what are your thoughts on the downloading of media on the net....??

 

***please keep in mind the site rules when replying..***

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Cool judge. The most she should be paying is the cost of the 24 albums those songs came from. How are they ever going to convict us all of having pirated music anyway?

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Thats just pathetic.. Yes, I agree that what we do by downloading music is illegal and not fair etc... But she's just the little fish- why not shut down all the p2p file sharing programs then?

 

I've tried using the "legal" ones like iTunes and ripit.com (I think I had to pay for this) and yeah... it was difficult to say the least.

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But if we pirate music how are rappers gonna afford to buy there $500,000 grills and diamond studded iphones? :o

 

its not fair i say! :(

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/\ pretty much

Most anyone should pay is the original media cost and a fine appropriate to their personal means. But I also hate how much the 'stars' earn, for doing what is really a piss ant job in the grand scheme of things, but that's another arguement. The whole SPORE DRM [google it] shows you how much people hate being told what to do with their legitimate purchases. Some time ago Australia was in the process of revising the copyright act to include digital media, audio and video as even the politicians here recognized the current system was broken. It was going to allow people to tape the TV, transfer CD's to your iPod, lend your DVD to your friends and family etc. But the U.S got wind of this and were trying to push the DMCA Act onto us, fortunately I think K.Rudd intervened on that one, and I haven't heard much since..........

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Got no problem with it. Many artists attribute increased sales to internet piracy believing that it exposes thier works to a wider audience as there will always be a certain (fairly high) percentage of consumers who will be willing to buy their product. Weird Al Yankovic being one that immediately springs to mind, The Chasers being another.

 

Plus the data used to calculate the the industries losses are flawed as its bases each download as a lost sale. I think you will find that a significant percentage of those consumers who choose to download media illegally off the internet are not those who would have paid for the product anyway (I am trying to say they are cheap bastards who only downloaded it cause it was free and convenient).

 

I think the only time where this does not hold true is the big blockbusters of which thier is only a half dozen of them a year anyway.

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Good points ^

That and artists don't make much from record sales. Record companies keep most of the profits. The artists make more from tours, merchandise etc.

There's been a fair few bands out there that have openly said that they don't care if people rip their music. It's getting the name out there and if they like it they will be more likely to attend a concert.

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i download heaps of stuff from movies, dvds, mp3's tv shows and music vids. i find no harm in it. i dont dispurse any of it unless its the odd copy to a friend or not. its not like im making money off the side for it or not even though i know plenty of people who do.

 

if they dont want us pirating things then bring shows and movies to australia alot bloody sooner

 

i had harold and kumar go to guntainmo bay dvd rip about 3 months before it hit the cinemas here.

 

same goes for tv shows some shows come out online and never reach australia

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my thoughts?

 

SO much money is made off movies and music, i see a movie at the cinema every now and then so i dont feel guilty at all for watching all my movies straight from the net

 

 

as for music if its a small band that needs support i will buy the CD, if not ill download

 

 

 

 

 

they recon there is going to be a crackdown in aus, i think its all talk

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People should not be making millions of dollars from spewing out verbal shit and strumming a few notes together when there's starving kids, genocides etc etc all over the world.

 

So the big corporations are pissed off now that CD's are out and media is much easier to copy now.

 

Toughing f**king luck, they had an overly good run ripping off people for ticket sales, CD prices and other related merchandise. They should have seen this coming and prepared for it.

 

Big Business got OWNED.

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^^^^

 

sums it up pretty much.

 

tough shit to the record companys.

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i use d/l's to find new music, if i like what i hear, i'll support the artists and buy their cd's.

 

i have no issues d/l new release movies for my own viewing. i've d/l a number of new movies and am proud of the fact that i didn't waste $15 at the cinema to see it & that i'm not financially supporting & thus encouraginh studios to produce SHIT movies for the sake of earning money.

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news.com is the biggest propaganda load of bullcrap on earth

 

on the current us crisis

they had 5 conflicting stories at the same time on the site

all saying completely the opposite

 

its just there so people will be scared and repeat it to other

 

"did you hear about that woman fined 200000 for downloading music"

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That's the nature of the legal systems in the world though... remember that dude that wanted to bankrupt the dry cleaner and claim millions in damages over a pair of pants?

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I regularly download or veiw tv shows from the net purley becuase australia is so backwards when it comes to tv programing. Its either on at totaly stupid times when i am either working or asleep or they don't show it here at all.

 

Same with DVD's there are a couple of shows i have downloaded becuase they were only released in the US on dvd and not here (mostly old shows from the 80's and early 90's).

 

 

Same with games local distributors don't like the public to import games and such becuase they lose out on profit but the australian ratings system stops us from having access to certain games becuase of some stupid south australian.

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i use d/l's to find new music, if i like what i hear, i'll support the artists and buy their cd's.

Yeah I'm the same.

Got close to 3000 MP3's all up. But if I enjoy the band. I'll go out and buy the albums.

Also been to a good 6 or more gigs and bought merchandise which actually lands in the bands pockets.

Ok they might spend it on drugs, whores and alcohol but better than record companies pockets :lol:

 

Same with games local distributors don't like the public to import games and such becuase they lose out on profit but the australian ratings system stops us from having access to certain games becuase of some stupid south australian.

That and what we get charged for games here is a complete joke. They wonder why people buy from other regions.

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here's the number 1, totally true fact:

 

i do not take $20 from the music industries pocket when i download their cd.

 

Lars Ulrich: "When you share a sandwich, you break it in half so both people have half the sandwich."

^^ exactly, but we're not talking about a f**king sandwich, we're talking about something intangible. So in essence, we're creating perfect duplicates of the sandwich, giving them to all who want them and solving world hunger.

 

cd's should cost no more than $5.

dvd's should cost the same.

 

it's gluttony.

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That guy from the Choir Boys hit the nail on the head when he said that record companies are all going down the gurgler. They have failed to keep up with the trends are are milking what they can before they get shoved away.

 

Nowdays anyone can become a star with a bit of computer know how. Record companies are getting pissed off that artists dont need them anymore

 

kinda sad really. its good to collect albums and flip through em, plus the sound quality is tonnes better than that of a downloaded mp3

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NIN and Trent Reznor in particular has been the best opponent of record companies releasing their latest album for free and another artist he produced.

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I buy cd's and dvds if i really like a band or movie.

Ill only download something if it is something i'd never buy anyway, so they're not losing any money from me.

 

NWS_Only, good post! Payback is a bitch isnt it... :lol:

 

My fav band is metallica, i have genuine copies of all their stuff over the last 30yrs, atleast i know Lars wont try and sue me. :lol:

 

Napster, bad..... Metallica, good.....

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If they're small or if I really like em, I buy em

 

F**k TV shows, no-one looses there, it just mean I didn't watch it when it was free on the TV, so i'm gonna watch it free later.................oh wait, doesn't Tevo do that anyway, big freakin deal if you download a TV show..........is it only wrong if ur getting it through ur ADSL line?

 

Movies, I still see movies I really want to see at the movies, if it is worth my time, I pay, if not, I will watch a d/l version.

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Movie : The Dark Knight worldwide gross: $978,041,786

 

that was this year not 2 months ago almost $1billion made from one movie at the box office ALONE that doesnt include the $ made of merchandise and dvd sales :S and the price only ever goes up to see a movie and then they wonder why ppl download the movie

 

same goes with cds, dvds, games etc theres no way to justify the BS prices a cd cost like 10c for the average person these days never mind a massive bulk buying record producer lets be extra generous and say that to run the "cd burning" factory cost $5 per cd (yea right) $2 per cd to get it to stores (yea right again) thats $7.10c and we were being generous most cds sell for $30 still WHY thats exactly the reason artist and consumers are looking to other outlets for music like itunes etc not only are they cheap but you usually get a choice of what to download if youve heard an album but only like one song you only download that song

record companies should be jumping on the bandwagon and creating there own itunes style outlet for all the music instead of trying to hold onto the memory that is cds and suing everyone

 

TV is just ridiculous in australia the main advertising point of new tvs shows is that its "fastracked" from the US and its still a week late anyway if the intertnet can rip edit upload and then download the show in hours why cant the tv channels themselves

 

DRM is a f**ked concept too who wants a song they can only play on 3 devices or burn 6 times EA new one (spore) is especially stupid you can only install the game a certain amount of times then you have to buy some more installs WTF you basically dnt own the game your just renting it at a really ridiculous price considering most ppl reformat their shitty windows pc's 6000 times a year thats alot more installs ya gonna have to pay for

 

their my thorts on why media piracy happens and no one feels quilty

 

all the companies shoudnt be bitching about downloading but making purchasing their product actually seem worth it

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DRM is a f**ked concept too who wants a song they can only play on 3 devices or burn 6 times EA new one (spore) is especially stupid you can only install the game a certain amount of times then you have to buy some more installs WTF you basically dnt own the game your just renting it at a really ridiculous price considering most ppl reformat their shitty windows pc's 6000 times a year thats alot more installs ya gonna have to pay for

 

 

Agreed, it is a shit concept, but ur doin it wrong. U can put it on 5 computers, as many iPods/iPhones (don't even have to authorise the iPod) as u like and i've burnt DRM shit way over 6 times - not haxored either.

 

I buy from iTunes all the time

 

Get "my fair tunes", it breaks the DRM protection ;)

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The thing that shits me with buying albums, is that you don't know what its like and 90% of the time there are only 2-3 songs (if you're lucky) that you actually like so you just spent 30 bucks for 2-3 songs pretty much.. ok so now you can buy single tracks etc via itunes.. god damn i wish i had of tried to patent that idea when I thought about it in 1995 and got laughed at by everyone i spoke to about it.

But yeah, if i really like a band, and like the album that i've downloaded, i will buy it and the same goes for games etc.. i get really pissed off when i pay 90-100 bucks for a game, only to discover its shit, over in 8 hours, or just generally don't like it. World In Conflict was a prime example... I played it about half way through i think and gave it away to a mate for free... didn't like it.. waste of 90 bucks.

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Napster, bad..... Metallica, good.....

HAHAHAHA! i remember those flash movies!!!! *goes to find them*

 

DRM is a f**ked concept too who wants a song they can only play on 3 devices or burn 6 times EA new one (spore) is especially stupid you can only install the game a certain amount of times then you have to buy some more installs WTF you basically dnt own the game your just renting it at a really ridiculous price considering most ppl reformat their shitty windows pc's 6000 times a year thats alot more installs ya gonna have to pay for

 

 

Agreed, it is a shit concept, but ur doin it wrong. U can put it on 5 computers, as many iPods/iPhones (don't even have to authorise the iPod) as u like and i've burnt DRM shit way over 6 times - not haxored either.

 

I buy from iTunes all the time

 

Get "my fair tunes", it breaks the DRM protection ;)

or just convert to mp3? :huh: mp3 doesn't have anything drm attached to it.

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DRM is a f**ked concept too who wants a song they can only play on 3 devices or burn 6 times EA new one (spore) is especially stupid you can only install the game a certain amount of times then you have to buy some more installs WTF you basically dnt own the game your just renting it at a really ridiculous price considering most ppl reformat their shitty windows pc's 6000 times a year thats alot more installs ya gonna have to pay for

 

 

Agreed, it is a shit concept, but ur doin it wrong. U can put it on 5 computers, as many iPods/iPhones (don't even have to authorise the iPod) as u like and i've burnt DRM shit way over 6 times - not haxored either.

 

I buy from iTunes all the time

 

Get "my fair tunes", it breaks the DRM protection ;)

 

haha ye i no i was just saying random numbers as an example :P ive only ever brought one song from itunes and it was free thanks to kitkat and i converted it straight to mp3 :P

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The thing that shits me with buying albums, is that you don't know what its like and 90% of the time there are only 2-3 songs (if you're lucky) that you actually like so you just spent 30 bucks for 2-3 songs pretty much.. ok so now you can buy single tracks etc via itunes.. god damn i wish i had of tried to patent that idea when I thought about it in 1995 and got laughed at by everyone i spoke to about it.

But yeah, if i really like a band, and like the album that i've downloaded, i will buy it and the same goes for games etc.. i get really pissed off when i pay 90-100 bucks for a game, only to discover its shit, over in 8 hours, or just generally don't like it. World In Conflict was a prime example... I played it about half way through i think and gave it away to a mate for free... didn't like it.. waste of 90 bucks.

exactly.

 

the quality of things coming out now is pretty pathetic compared to what they used to be. Paying for a whole cd was worth it. and then there was the price differences between shops for the same cds.. a 20min drive could save you $15 on the same cd (no bullshit). i can only think of one cd that i can listen to the entirety and not skip any songs.

 

then theres the over-hyped games and movies that are actually pretty damn shit for what they were supposed to be. GTA4 is an example, hyped beyond belief but turned out pretty average compared to the older GTA titles and with f**k all re-playability and 'end game' things to do. finding 200 pigeons to shoot isnt fun.

 

Cloverfield was a movie hyped up a crap load and also didnt deliver. unless you want a movie to give you motion sickness and a heap of "WTF IS THIS SHIT?" moments...

 

If the companies were aiming for something other than profits maybe piracy wouldnt be such a big problem... and i mean more quality, less crap. soulja boi ffs? <_>

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