How the RIAA Won $222,000

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A Minnesota woman named Jammie was sued by the RIAA for illegally making available for download some 1772 songs through the  KAAZA network.   The jury returned a verdict of $222,000.  Just so you are clear on how they were able to prosecute Ms. Thomas, here are some of the facts courtesy of CNET News:

1.  They were able to match her IP address with her user name.
2: These jury instructions:

JURY INSTRUCTION NO. 14: The act of downloading copyrighted sound recordings on a peer-to-peer network, without license from the copyright owners, violates the copyright owners’ exclusive reproduction right.
JURY INSTRUCTION NO. 15: The act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network, without license from the copyright owners, violates the copyright owners’ exclusive right of distribution, regardless of whether actual distribution has been shown.

3. They only had to show that she made the songs available for download, not that anyone actually downloaded them.

4. Here’s the penalties under copyright law:

Under the Copyright Act, each plaintiff is entitled to a sum of not less than $750 or more than $30,000 per act of infringement (that is, per sound recording downloaded or distributed without license), as you consider just. If, however, you find that the defendant’s conduct was willful, then each plaintiff is entitled to a sum of up to $150,000 per act of infringement (that is, per sound recording downloaded or distributed without license), as you consider just.

One thought on “How the RIAA Won $222,000”

  1. Here’s her 24 songs that cost her $222,000 in no particular order:
    * Guns N Roses “Welcome to the Jungle”; “November Rain”
    * Vanessa Williams “Save the Best for Last”
    * Janet Jackson “Let’s What Awhile”
    * Gloria Estefan “Here We Are”; “Coming Out of the Heart”; “Rhythm is Gonna Get You”
    * Goo Goo Dolls “Iris”
    * Journey “Faithfully”; “Don’t Stop Believing”
    * Sara McLachlan “Possession”; “Building a Mystery”
    * Aerosmith “Cryin'”
    * Linkin Park “One Step Closer
    * Def Leppard “Pour Some Sugar on Me”
    * Reba McEntire “One Honest Heart”
    * Bryan Adams “Somebody”
    * No Doubt “Bathwater”; “Hella Good”; “Different People”
    * Sheryl Crow “Run Baby Run”
    * Richard Marx “Now and Forever”
    * Destiny’s Child “Bills, Bills, Bills”
    * Green Day “Basket Case”

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