Why is sharing music different than sending a text message or
a digital photo to a friend?
The problem is when the music you are sharing has been copyrighted. Under
current U.S. law, illegally downloading songs or sharing copyrighted
songs is stealing. It is the same as shoplifting a CD from a retail
store.
How aggressively is the recording industry fighting this problem
?
The recording industry has filed over 20,000 lawsuits.
Most of those
have resulted in settlements, since the people they are suing can’t
afford to take the case to court.
What has been the result of the cases that have gone to trial?
The jury verdicts in this area have been a mix bag. In several cases,
the RIAA didn’t have enough evidence to prove
their case, and in one instance, the defendant proved that record companies
only make about 70 cents per song sold online, severely limiting potential
damages.
Tell us about a recent victory for the recording industry .
In the case of Jammie Thomas, a jury found that she was liable
for $222,000 in damages, which works out to $9,250 per song that she
shared.
What is interesting about this case, is that the recording company
could not actually prove that she shared songs with others. Her
hard drive had been returned while it was under warranty ... so there
was no hard drive to access. However, the evidence at trial showed that
someone using her username and logged into the file sharing network ...and
the court felt that was sufficient evidence for the jury’s verdict.
Once again technology is changing the legal landscape.
This is an area of law and business where we will continue to
see substantial change in the next few years.
