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To: flashbunny

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?


7 posted on 02/06/2007 9:28:42 AM PST by dbehsman (One Wellstone memorial / rave party is enough!)
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To: dbehsman

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.


10 posted on 02/06/2007 9:29:47 AM PST by Huck (Soylent Green is People.)
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To: dbehsman
Isn't that a little extreme?

Do you think he'd be likely to do it again if it was only a $25 fine?

14 posted on 02/06/2007 9:35:07 AM PST by Puppage (You may disagree with what I have to say, but I shall defend to your death my right to say it)
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To: dbehsman
The law enforcement is allowed to set fines - the fines are supposed to a) be a deterrent and b) be punishment for the crime. Stealing candy vs. paying a fine for a misdemeanor crime? Hmmmmm.....

Paying $.89 for a song? Is that too much to ask?

BTW, I'm a music publisher.

16 posted on 02/06/2007 9:40:41 AM PST by NotJustAnotherPrettyFace
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To: dbehsman
They ought to get him for 100K per song.

I can't stand these people who steal music.

20 posted on 02/06/2007 9:50:07 AM PST by HIDEK6
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To: dbehsman

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.


21 posted on 02/06/2007 9:50:25 AM PST by zook (America going insane - "Do you read Sutter Caine?)
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To: dbehsman
Besides, your comparing a song to a candy bar is insulting to those of us who write songs.

Would you say that a song like "In the Mood" is comparable to , say, a snickers bar?

22 posted on 02/06/2007 9:51:51 AM PST by HIDEK6
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To: dbehsman

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.


41 posted on 02/06/2007 10:35:45 AM PST by RobRoy (Islam is a greater threat to the world today than Nazism was in 1938.)
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To: dbehsman

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?
***
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.


127 posted on 02/07/2007 2:11:49 PM PST by NCLaw441
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