Judge Slams RIAA, $675k Fine Ruled Unconstitutional - GoFuckYourself.com

gideongallery · 07-11-2010, 06:42 PM

Quote:

Another break happened today in the RIAA?s case against Boston University student Joel Tenenbaum, as the $675k fine was reduced by 90%. The judge in the case criticised the RIAA and held that the jury?s damages were unconstitutional. Even the reduced fine is described as ?severe, even harsh? by the District Judge.

http://torrentfreak.com/judge-slams-...tional-100709/

this is the kid who is actually guilty and admitted it

and this follows the reduction against Jammie Thomas

http://freakbits.com/riaa-victims-1-...-to-54000-0123

considering that the 24 songs she was convicted of were in her over 1000 cds she owned.

And she basically used kazza as a format shifting method

(rather then hunting thru 1000s of cd she owned and personally ripping the songs to mp3s she just searched and found them pre ripped on kazza)

that one should have been thrown out completely.

WiredGuy · 07-11-2010, 06:43 PM

By the same token however, if you bought everything on VHS, that doesn't entitle you (at least according to Hollywood) to ripping DVD versions from PirateBay.
WG

BigDeanEvans · 07-11-2010, 07:54 PM

Format shifting... is that similar to time shifting?

gideongallery · 07-11-2010, 09:38 PM

Quote:

Originally Posted by BigDeanEvans

Format shifting... is that similar to time shifting?

http://caselaw.findlaw.com/us-9th-circuit/1054784.html

the RIAA attempted to sue to stop diamond rio from releasing software to rip cd to mp3

since no one sold mp3 back then
and diamond rio mp3 players was a solid state disk and not a cd player
this would have made the mp3 player useless.

the fair use of format shifting is what made it legal (the right to change the format of content you bought)

it similar to timeshifting (the right to move the viewing time of content you bought from x day to y day) only in that it is a fair use.

crazytrini85 · 07-11-2010, 10:14 PM

Quote:

Originally Posted by gideongallery

the fair use of format shifting is what made it legal (the right to change the format of content you bought)

it similar to timeshifting (the right to move the viewing time of content you bought from x day to y day) only in that it is a fair use.

KillerK · 07-12-2010, 12:21 AM

gideon, you should format yourself out of here

Dirty Dane · 07-12-2010, 03:11 AM

Another misleading title by Gideongallery.

A fine is not unconstitional but the amount was. He, a student (26 years old = not kid), still have to pay $67,500, $2,250 per infringed work + he will carry a criminal record because the amount exceeds 1k, for downloading mp3s and have it in his shared folder.
Yeah, he must be very happy and *not* regret he bought the 4 albums for 10 bucks each instead...

So what are you implying and cheering Gideongallery? That it's legal to download and share copyrighted work?

Quote:

Judge: "There is no question that this reduced award is still severe, even harsh," she wrote in a 62-page order. "It not only compensates the plaintiffs for the relatively minor harm that Tenenbaum caused them; it sends a strong message that those who exploit peer-to-peer networks to unlawfully download and distribute copyrighted works run the risk of incurring substantial damages awards. "

lol @ timeshifting

This student was even warned several times but he ignored it. So he is also punished for his own stupidity, beside his crime. Don't become that guy.

seeandsee · 07-12-2010, 05:45 AM

we need real lawyer to tell us all here

BestXXXPorn · 07-12-2010, 06:25 AM

Quote:

Originally Posted by WiredGuy

By the same token however, if you bought everything on VHS, that doesn't entitle you (at least according to Hollywood) to ripping DVD versions from PirateBay.
WG

Let's compare apples to apples... CD -> MP3 is more like BluRay -> DVD...

And if you buy a movie on BluRay and/or DVD you are entitled to make a backup copy for yourself... or rip it to your home storage for backup...

Ethersync · 07-12-2010, 06:27 AM

Quote:

Originally Posted by WiredGuy

By the same token however, if you bought everything on VHS, that doesn't entitle you (at least according to Hollywood) to ripping DVD versions from PirateBay.
WG

Since when are MP3s better quality than the original CD?

gideongallery · 07-13-2010, 06:51 AM

Quote:

Originally Posted by Dirty Dane

Another misleading title by Gideongallery.

A fine is not unconstitional but the amount was. He, a student (26 years old = not kid), still have to pay $67,500, $2,250 per infringed work + he will carry a criminal record because the amount exceeds 1k, for downloading mp3s and have it in his shared folder.
Yeah, he must be very happy and *not* regret he bought the 4 albums for 10 bucks each instead...

So what are you implying and cheering Gideongallery? That it's legal to download and share copyrighted work?

lol @ timeshifting

This student was even warned several times but he ignored it. So he is also punished for his own stupidity, beside his crime. Don't become that guy.

my god how totally clueless are you

do you even read what i say before you respond

might be a good idea since it would prevent you from totally misrepresenting what i said.

i have made it bigger for you to see

BTW the title is directly from torrent freak no changes this time so don't attribute it to me.

Quote:

Originally Posted by gideongallery

http://torrentfreak.com/judge-slams-...tional-100709/

this is the kid who is actually guilty and admitted it

and this follows the reduction against Jammie Thomas

http://freakbits.com/riaa-victims-1-...-to-54000-0123

considering that the 24 songs she was convicted of were in her over 1000 cds she owned.

And she basically used kazza as a format shifting method

(rather then hunting thru 1000s of cd she owned and personally ripping the songs to mp3s she just searched and found them pre ripped on kazza)

that one should have been thrown out completely.

Dirty Dane · 07-13-2010, 07:02 AM

Quote:

Originally Posted by gideongallery

BTW the title is directly from torrent freak no changes this time so don't attribute it to me.

Yeah, Torrentfreak are known for "not" misleading

Everytime you see something "positive" news on torrentfreak (and that's like 5% of their news) you repost it here (and that's all you do, only to provoke the copyright holders).
This guy, a student, still have to pay a fortune and the judge spoken against all your arguments here on GFY. She went as far the constitution allowed her. It's illegal, it has consequenses - that's the truth.

BlackCrayon · 07-13-2010, 07:32 AM

gideon, stop truth shifting!

Raf1 · 07-13-2010, 07:57 AM

that is a bit harsh. I would think that a fair fine would be a few thousand for something like that. 24 songs is not that much, considering there are probably millions of people with ten times that amount on their computers. I'm 100% against piracy, but sometimes they go over the top.

ottopottomouse · 07-13-2010, 10:15 AM

Bit of a misleading title when the jury made up the prize money.

07-11-2010, 06:43 PM	#2
WiredGuy Pounding Googlebot Industry Role: Join Date: Aug 2002 Location: Canada Posts: 34,470	By the same token however, if you bought everything on VHS, that doesn't entitle you (at least according to Hollywood) to ripping DVD versions from PirateBay. WG __________________ I play with Google.

07-12-2010, 05:45 AM	#8
seeandsee Check SIG! Industry Role: Join Date: Mar 2006 Location: Europe (Skype: gojkoas) Posts: 50,945	we need real lawyer to tell us all here __________________ BUY MY SIG - 50$/Year Contact here

07-13-2010, 07:32 AM	#13
BlackCrayon Too lazy to set a custom title Join Date: Jun 2003 Location: Ottawa Posts: 19,631	gideon, stop truth shifting! __________________ you don't know you're wearing a leash if you sit by the peg all day..

07-13-2010, 07:57 AM	#14
Raf1 Too lazy to set a custom title Join Date: Oct 2003 Location: Writer for hire :) Gallery descriptions, articles, blog posts etc. ICQ: 209 356 106 Posts: 12,117	that is a bit harsh. I would think that a fair fine would be a few thousand for something like that. 24 songs is not that much, considering there are probably millions of people with ten times that amount on their computers. I'm 100% against piracy, but sometimes they go over the top. __________________ 80% Revshare or 30$ PPS on $1 trials: 200 Niches = Vidz.com Galleries / FLVs / Embeds 3 & 5mins FLVs \| RSS & Tube Feeds \| Matching Thumbs \| FLV Browser & Exporter \| No Prechecked Xsales >> Mobile Redirection Script: mobile.vidz.com also paying 80% net Lifetime << ICQ: 198-394-557

07-13-2010, 10:15 AM	#15
ottopottomouse She is ugly, bad luck. Industry Role: Join Date: Jan 2010 Posts: 13,177	Bit of a misleading title when the jury made up the prize money. __________________ ↑ see post ↑ 13101

07-11-2010, 07:54 PM	#3
BigDeanEvans So Fucking Banned Industry Role: Join Date: Apr 2006 Posts: 1,368	Format shifting... is that similar to time shifting?

07-12-2010, 12:21 AM	#6
KillerK Confirmed User Join Date: May 2008 Posts: 3,406	gideon, you should format yourself out of here