The article goes on to say that the man in question downloaded 5 songs. And for each song he is facing a $750 fine.
Isn't that a little extreme? If someone stole a candy bar from a store, should the store try to extort $750 from the thief? Who would be the worse thief in that case? The person who tried to steal a candy bar, or the stores lawyer who tries to steal $750 from the thief?
Works for me. Next time he can get out the crowbar, pry open his wallet, and pay the exorbitant sum of 89 cents and buy the damn song.
Do you think he'd be likely to do it again if it was only a $25 fine?
Paying $.89 for a song? Is that too much to ask?
BTW, I'm a music publisher.
I can't stand these people who steal music.
In fact, the music industry is in danger of losing these cases because they can't establish a $750 level of damage and they won't release documents explaining how they arrive at such a figure.
Would you say that a song like "In the Mood" is comparable to , say, a snickers bar?
It is sort of slipped in, but he is being sued for making the songs available to others. That is the key. If one does not allow uploading of songs, they can't touch you, because you are not breaking the law.
Downloading songs for personl use is the legal equivalent of copying songs from a friends CD or recording off the radio. It is ignored.
Allowing others to download from you is where the problem lies. And if you are on an unsecured wi-fi network, well, with the right attorney you are pretty much immune.
You said: Isn't that a little extreme? If someone stole a candy bar from a store, should the store try to extort $750 from the thief? Who would be the worse thief in that case? The person who tried to steal a candy bar, or the stores lawyer who tries to steal $750 from the thief?
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I don't think so. It would be too little to ask the guy simply to pay the amount he should have paid in the first place for the music he stole. If that was all that was required, why pay in the first place? Just wait and see if you are caught, then pay. It costs money to bring an action to protect one's rights. $750 per song doesn't sound that steep to me.
All of that said, I do have conceptual problems with much of copyright law. For example, one can buy a book and give it away, allowing many others to benefit from what was only paid for (to the writer) once. I could buy a CD, invite friends over every night and play it for them, without further compensating the artist. And, of course, copyright infringement is different from other theft in that the owner still retains that which is "stolen" from him, unlike the store owner who gets a candy bar stolen in your example.
For me, the bottom line is, the law is pretty clear, and unless the "theft" was accidental, the punishment should be imposed.