That's just not true. The statutory damages in any copyright infringement claim are between $750 and $30,000, unless the infringement was willful or innocent. The record industry doesn't have some special law. They follow the same rules as everyone else.
$750.00 is unconscienable, especailly when we are dealing with a minor, IMO.
How? The law is there for everyone to see. These people made a decision to steal the work of others, now they are paying. In this case, the girl shouldn't have filed an appeal; she would have walked away with a much smaller fine. Not only was she an infringer, she was stupid.
>>>How? The law is there for everyone to see. These people made a decision to steal the work of others, now they are paying. In this case, the girl shouldn’t have filed an appeal; she would have walked away with a much smaller fine. Not only was she an infringer, she was stupid.<<<
a) The law is not really quite “out there for everyone to see”. I don’t believe these penalties are widely known.
b) I don’t believe each track plays a copyright notice before the music starts. For all this girl knew the recordings could have been public domain. Every DVD I ever buy has a clear copyright notice and warnings of fines at the start, as I’m sure electronic copies do. Music files do not have these and should be required to, if they want to collect damages.
c) She did not “steal” the recordings since they copyright owners use of the material was in no way taken from them. I agree what she did was illegal and wrong, and she should pay a fine, but it is not actually “stealing”.
d) If she actally had stolen the songs on CDs at her local Walmart or Target store, she would not have faced fines anywhere near the tens of thousands of dollars.
e) The RIAA members have done a horrible job of developing technology to prevent their products from being illegally copied. Instead they have chose to use heavy handed tactics against a small number of people, who have personally caused them almost no economic loss, and to waste valuable court resources on these suits.
f) Historically copyright laws have mainly been used to fine those infringing on copyrights for profit.
g) I’m sure you don’t believe that the mere fact that a law exists means it must be a good law.
Bottom line, I have no problem with the girl being hit with a significant fine, but the amount (even the $7,400) is extremely excessive. This offense is being treated far more severely than many other far more serious offenses, due to the RIAA’s political clout.
I look forward to the day (and it is coming soon), where the recording insdustry more or less ceases to exist.