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| From | Sam Smith <sam@lullabypit.com> |
| Subject | Court backs RIAA |
| Date | Mon, 12 Dec 2005 22:06:36 -0500 |
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Damn. Even if I bought the RIAA's argument hook, line, and sinker, it's
still bad for music anytime anybody enables their insistence on
litigation as a business model.
APPEALS COURT REJECTS SAMPLING DEFENSE
An appeals court has upheld a federal court ruling against a woman who
had been sued by the Recording Industry Association of America (RIAA)
for illegally trading music files. The RIAA initially offered Cecilia
Gonzalez a settlement of about $3,500, which she rejected, and at her
trial, a federal judge ruled in favor of the RIAA. In her appeal,
Gonzalez argued that she had only downloaded songs with the intention
of "sampling" them to decide if she wanted to purchase them and that
this activity was protected under fair use. Gonzalez's computer
contained at least 1,370 songs that she had downloaded. The three-judge
appeals court rejected her argument and ordered Gonzalez to pay a fine
of $22,500. In its opinion, the court compared her defense to a
"thief's contention that he shoplifted 'only 30' compact discs,
planning to listen to them at home and pay later for any he liked." The
ruling gives the recording industry an appellate-court victory
that--while only a formal precedent in Illinois, Indiana, and
Wisconsin--is likely to bolster its legal efforts to curb illegal file
trading.
CNET, 12 December 2005
http://news.com.com/2100-1028_3-5991531.html
--
Sam Smith, PhD
1805 Brantley St.
Winston-Salem NC 27103
336.480.6179 /m
sam@estreet.com
http://www.lullabypit.com
You may have success in life, but then just think of it -
what kind of life was it? What good was it - you've
never done the thing you wanted to do in all your life.
I always tell my students, go where your body and
soul want to go. When you have the feeling, then stay
with it, and don't let anyone throw you off.
- Joseph Campbell
--
Sam Smith, PhD
1805 Brantley St.
Winston-Salem NC 27103
336.480.6179 /m
sam@estreet.com
http://www.lullabypit.com
...it's a lonesome thing to be passing small towns with the
lights shining sideways when the night is down, or going in
strange places with a dog nosing before you and a dog nosing
behind, or drawn to the cities where you'd hear a voice
kissing and talking deep love in every shadow of the ditch,
and you passing on with an empty, hungry stomach failing
from your heart.
- John Millington Synge
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