A Minnesota woman named Jammie Thomas was sued by the Recording Industry Association of America (RIAA) for allegedly making available some 1,702 songs through the Kazaa network, although only 24 were at issue in the case. This Thursday, a federal jury sided with the RIAA and returned a verdict of $222,000. Yes, $222,000.
The judge told the jury: “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.” And “…each plaintiff is entitled to a sum of not less than $750 or more than $30,000 per act of infringement…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…”
What this means is that even if you are not intentionally sharing music with others, you can still be fined between $750 and $30,000 per song. If you are intentionally sharing songs, then you can be fined $150,000 per song. From what I have heard, if the RIAA decides to come after you, it is very difficult to prove your innocence.
I was thrilled when Apple opened the iTunes store because it provided a way for us to legally obtain digital music and also provided what I believe is a fare DRM scheme (you can play a song on up to five computers and any portable device). Plus, the pricing seems fair. Now, we also have Napster and Amazon selling MP3 format songs too.
As a software developer, I understand the value of intellectual property. So I’ve always been on the side of the artists. I don’t mind paying for their work. What’s always bothered me was that it took the music “industry” so long to figure this out. Why did we have to wait so long for the iTunes store – an easy way to legally obtain digital music – to come along? I think the “industry” can blame itself for lost revenue from illegally shared music. And the RIAA is being very heavy handed and is probably picking on people who can’t defend themselves. I doubt if they represent the artists who do the real creative work.
Nevertheless, the law is clear on this matter; and I think from a moral standpoint illegally downloading or sharing music is probably equivalent to stealing. Most importantly, artists deserve to be paid for their work. So, it’s time to start paying.