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Subject:
fined for p2p song exchanging
Category: Miscellaneous Asked by: desertguy-ga List Price: $3.00 |
Posted:
26 Jun 2003 17:50 PDT
Expires: 26 Jul 2003 17:50 PDT Question ID: 222217 |
How many mp.3 songs did Jesse Jordan have on his computer to have to pay the RIAA $12,000 in fines? |
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Subject:
Re: fined for p2p song exchanging
Answered By: seizer-ga on 26 Jun 2003 18:14 PDT |
Hi there desertguy! According to this article, Jesse Jordan's software was making available between 600,000 and 1 million MP3s, most if not all of which were illegally copied: http://www.usatoday.com/tech/news/2003-05-04-students_x.htm It isn't clear exactly how many MP3s Jesse Jordan had on his personal computer, but a ballpark figure is available, taken from the initial complaint by Atlantic Recording Company et al. If you read point 4 of the "Nature of the Action" section, you will read: "Defendant is acutely aware of the infringing activity occuring through his system since he himself is copying and distributing hundreds of sound recordings over his system without the authorization of the copyright owners." (From: http://news.findlaw.com/hdocs/docs/riaa/arcojordan40303cmp.pdf ) So on a personal level, it's more on the order of hundreds, rather than thousands. I hope this answers your question. If anything's unclear, though, please feel free to request clarification before rating this answer! All the best, --seizer Search strategy: jesse jordan jesse jordan complaint RIAA mp3s jesse jordan full text |
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Subject:
Re: fined for p2p song exchanging
From: aceresearcher-ga on 26 Jun 2003 20:54 PDT |
desertguy, If you're asking this question for comparison purposes, something to bear in mind is this: The fine was not based on a "per song" amount. In future prosecutions, the number of illegal mp3s will not necessarily bear any specific relation to the amount of the fine levied. Thus, the next person to be prosecuted might only have 1/3rd as many illegal mp3s, and still be fined 3 or 4 times the amount Jordan was fined. Given the fact that Jordan and his supporters essentially thumbed their noses at the court system after he received more than enough donations from webizens to cover his fine, the courts may very well decide to come down a LOT harder on the next person they prosecute. Regards, aceresearcher |
Subject:
Re: fined for p2p song exchanging
From: funkywizard-ga on 27 Jun 2003 15:52 PDT |
something important to keep in mind here is that the courts in fact DID NOT fine this person any amount of money. the case never went to trial, nor did anyone make a judgement. In fact, the accussed admitted no wrongdoing, and the settlement reflects that. What in fact happened, is that the defendant did not feel he could defend himself against the lawsuit and reached a settlement with the RIAA and agreed to pay them $12,000 in exchange for shutting down his site and them dropping the case against him. If the RIAA asks for more next time, it is unclear if the future defendants will give in to the RIAA. If the RIAA asks for too much money, it becomes more economically feasible to mount a counter suit against the RIAA and also defend against their lawsuit. The fact that the defendant had possesion of pirate mp3s probably put him on weak legal ground to defend against a lawsuit. The penalty for having those mp3's would be much greater than $12,000 if he was found guilty. The thing the RIAA got mad about was his search engine, and if he weren't holding pirate mp3's, he could have probably defended against the RIAA lawsuit sucessfully. |
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