Why do we care that she's of tribal descent? Are we now saying tribal American's are exempt from copyright laws? I flatly refuse to redefine native they way the PC crowd does, if you were born in the US you are native. I happen to be of Cherokee linage as well, but that doesn't matter, I'm native because I was born here.
In this case, I personally believe that she was discriminated against by the jury, because she was a Native American. She was tried many many miles from where she lived and worked, and did not have a jury of her peers.
Was she really convicted of "illegal downloading?"
1. She wasn't "convicted" of anything; this wasn't a criminal case. She was found liable for copyright infringement by making copies through downloading, thus violating the record companies' exclusive reproduction rights.
2. She was also sued for "distributing" and "making available for distributing", but the judge threw out the "making available for distributing" claim, and there was no evidence offered of the "distributing" claim.
So yes, the only thing she was found liable for was downloading.
This case is Capitol vs Thomas, not RIAA vs Thomas. Capitol is a music publisher, and this case was about their works.
1. Capitol is but one of the plaintiffs.
2. The RIAA was in fact running the case, with the aid of the record company plaintiffs.
3. Capitol is a record company, not a music publisher.
4. The case was about the recordings of several different companies.
For me it's not the "hard and catastrophic" failures that are a problem - it's the subtle ones. For example a recent customer environment - DNS lookup for a particular server returned the wrong IP. It worked perfectly, and fast, except that the data was wrong. It took nearly a week of debugging firewalls, routing tables, services and app configuration to figure it out - and the problem was actually caused by OpenDNS and its filtering.
When you look at "64.27.80.4" and compare it to "67.215.2.41" the differences are obvious. Not so when you're trying to compare "6732:87fb:87fa:12a9::54d8" with "6732:87fb:87fa:72a9::54d8" and work out why things are failing.
Of course, the statutory damages are far too high to provide anything like justice; the amount should be based on actual damages.
Agreed
Thomas did not ruin the life of any of the involved corporation(s), nor did she ruin the life of any of their employees. It is simply not just to ruin her life in retaliation. That this goes on and is so widely considered legitimate is an example of our remaining barbarism.
I think most people, both in and out of the United States, see a result like this as absurd.
Nearly 10k per song is just dumb. If a CD is 12 tracks and costs ~15 bucks, its a bit over $1 per song. So this is a 1000000% penalty. one million percent. Just insane, no way that isnt unconstitutional. The fines should be like 200, maybe 300% penalty, maybe even 1000% (10x). That's reasonable. The punishment must fit the crime and all that.
That's the issue all right. And I think the Court's decision is absurd.
Someone somewhere must have gotten some intel about this vector.
Intel? At the TSA? Not going to happen (aka "Beam me up Scotty, there's no intelligent life down here").
"The one charm of marriage is that it makes a life of deception a neccessity." - Oscar Wilde