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UNDERNEWS

Undernews is the online report of the Progressive Review, edited by Sam Smith, who covered Washington during all or part of ten of America's presidencies and who has edited alternative journals since 1964. The Review, which has been on the web since 1995, is now published from Freeport, Maine. We get over 5 million article visits a year. See prorev.com for full contents of our site

February 27, 2010

ANOTHER REASON TO BOYCOTT THE RECORDING INDUSTRY

WIRED - A federal appeals court is ordering a university student to pay the Recording Industry Association of America $27,750 - $750 a track - for file sharing 37 songs when she was a high school cheerleader.

The decision by the 5th U.S. Circuit Court of Appeals reverses a Texas federal judge who had ordered defendant Whitney Harper to pay $7,400, or $200 per song. The lower court had granted her an "innocent infringer's" exemption to the Copyright Act’s minimum of $750 per track because she said she didn't know she was violating copyrights and thought file sharing was akin to internet radio streaming.

The appeals court, however, said the woman was not eligible for such a defense — even if it was true she was between 14 and 16 years old when the infringing activity occurred on Limewire. The reason, the court concluded, is that the Copyright Act precludes such a defense if the legitimate CDs of the music in question provide copyright notices.

Harper, now 22 and a Texas Tech senior, said in 2008 interview that she didn’t know what she did was wrong when she file shared Eminem, the Police, Mariah Carey and others as a teen.

"I knew I was listening to music. I didn't have an understanding of file sharing," she said.

Scott Mackenzie, the woman's attorney, said Friday that "She's going to graduate with a federal judgment against her." The RIAA, which has sued thousands of people for infringement, labeled Harper as "vexatious" when she refused to settle the case.

Only two RIAA cases against individuals have gone to trial, both of which earned the RIAA whopping verdicts.


1 Comments:

Anonymous Anonymous said...

How about a class action suit against the RIAA for destroying our love of music and causing extreme distress and mental anguish over possibility of inadvertent infringement of draconian antipiracy laws?

February 27, 2010 1:53 PM  

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