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There are plenty of people that actually think that since something is a law, it must be just. This fine is completely absurd and anyone that doesn't see that just has no ability to think for themselves.
Exhibit A
Quote:
Originally Posted by Mircea
Copyright infringement is a $250,000 fine and 10 years in prison, per occurrence.
Yes my lawyer did so.. bupkiss. I wasn't damaged in the millions. they don't care unless you can show that you were significantly damaged monetarily.
I didn't earn money on my artwork. it wasn't for sale. The issue was using my image that i created, on goods (tshirts). I can't provide monetary damage amount because I dont know how many tshirts were sold with my design.
Get it?
Actually any lawyer worth his salt, would show the due diligence in requesting that the offending item is first removed and not sold ever again. It escalates when that request is ignored.
The courts like to see that these matters are done at a civil level before reaching in front of a judge for enforcement.
that's what happened with my case for three stores that refused to remove the items that had my image for sale. Since they didn't comply with the Cease and Desist, I took them to court. Resulted with the removal of the offending item, and any earnings made on the item was paid to me, along with a fine of $25,000 from each store.
Yes, we actually worked with a lawyer in China, and he couldn't get anywhere with the ISP's in question. and since my damages were less than $50,000 it was not worth to pursue (my legal fees would cost more than what I lost in earnings)
I already have done so, and no matter what you claim or ask, it doesn't change the fact that China doesn't CARE about their offenders. What you can provide now, matters not one wit. I didn't suffer damages in the MILLIONS. Get it? A lowly person like me will never get the due justice against Chinese pirates and bootleggers because WE do not suffer the kind of monetary DAMAGE that will make the Chinese government act upon a complaint.
A complaint to the ITC does nothing (you have to show them that you lost millions)
A complaint to WIPO does nothing (you have to show them that you lost MILLIONS)
Unless you are big conglomorate that earns millions a year, and can show that you LOSt millions (like Gucci, Chanel, etc), they could care less.
I've fought this battle already. I'm not going to continue fighting a battle that is only going to COST me money in end.
If you have hundred of thousands of dollars to throw away to chase down anonymous bootleggers, be my guest. I've been done with the issue, and have moved on. I got paid for my initial complaint against the stores in America who carried my artwork for sale illegally.
So it sure sounds like you are screwed, get over it....
Bring it up with the MSM, you'll have a better chance of sympathy there then here...
You do know by the LAW itself, he could have been fined $30K per song, but no less than $750 per song?
Or the judge could just say "You owe $150,000"
It is irrelevant how you (or I) interpret "fair use" . The point is that the judge in this case preempted the jury from hearing the argument.
As for a penalty, you can't have it both ways. Tenenbaum is either guilty of the criminal act of theft, or he is guilty of the civil transgression of copyright infringement.
If he has stolen something, he should be dealt with the same way as someone who has shoplifted thirty dollars worth of product (let's say two compact discs) from Wal-Mart: maybe a thirty day suspended sentence and financial restitution for the value of the stolen merchandise.
On the other hand, if this is a civil case, there is a burden on the plaintiff to prove financial damages. The RIAA didn't provide any evidence that they or any of the entities they represent were in any way financially harmed by Tenenbaum's actions.
The problem is that powerful trade organizations, most notably the RIAA and MPAA, were able to convince--or buy--the US Congress into passage of the Digital Millennium Copyright Act (DMCA) and other legislation which allows for draconian financial penalties against alleged infringers based merely upon the suggestion that abstract economic damages could be a result of their actions.
been there done that. It doesn't work. You have to show a substantial damage (like in the millions) for them to do anything. I'm a part time artist, who created an image, that I never sold, as part of my gallery.
I dont know how many tshirts were sold with my image, so I couldn't show the damage. My only claim was a copyright infringement claim, where I could "sue" up to $250,000 for the infraction. The only persons I could sue were the stores that carried the item in stock (which I did, but the shirt still shows up on online stores housed in foreign countries where I can't touch them).
Yeah, the ITC wouldn't touch it with a ten foot pole. Its not worth their time trying to chase.
You ARE correct - if you're "the little guy" there really isn't much you can PRACTICALLY do. In theory, the ITC might get to it - but not in your lifetime.
I've found that letters to foreign publications showing a copied item of art work have often worked - but often not, too.
Artists really deserve a better forum for addressing these issues - the laws are there, but they don't work unless you have the bucks. Art always takes a back seat.
Have you looked into the Volunteer Lawyers For The Arts group?
It helps to discuss a topic intelligently once you understand the subject.
I guess in your case you either can't read or don't understand "per infringement" means each song....
MediaPost Publications Appeals Court Sides With RIAA Over File-Sharing Verdict 09/20/2011 (http://www.mediapost.com/publications/?fa=Articles.showArticle&art_aid=158843 - broken link)
Why the attitude? None of that was in the OP's article thus I questioned how they arrived at the amount.
In any case it shows how ludicrous those laws are. $250,000 per infringement? RIAA is a group of greedy thugs who are only turning more and more people against them. They are losing money, yet cannot seem to figure out that they are charging too much for what they peddle.
[color=#000000]
Well, when you steal, and when you encourage theft, this is what happens.
Music Fan Owes $675,000 For Illegal Downloads, Court Rules |Rupert Murdoch Phone Tapping 9/11 Victims Owned Faux News
He should've just physically shoplifted the CD from a store. And slapped the artist in the face with his....
Wouldn't have costed him 675k and 10 years if he'd done that instead.
So it sure sounds like you are screwed, get over it....
Uh,
DUh.
I said I was over it. Done. I got my reperations from the stores that sold the item that had my artwork, when they refused to abide by the Cease and Desist letter.
However, I continue to loose money because there are sellers are still out there selling my artwork without permission. I am in no position to fight it because I can't afford to continue fighting anonymous persons in China.
So I gave up, but, IT Does not change my views that its still theft.
Quote:
Bring it up with the MSM, you'll have a better chance of sympathy there then here...
Oh please. A 1 paragraph blurb with the MSM for a part time artist will not garner any attention from anyone anyway. Why waste the time. Unless my name was Chanel, the MSM wouldn't give me the time of day.
Still, the OP could have gotten a fine of $30K per song for his activities. or fined up to $150,000 (more than what he has to pay now). Lucky for him. Next time, he should not do things illegally.
that is outrageous and an unplayable amount. He should pay the amount of each individual song
which would be maybe a buck each on itunes.. 30 bucks
He could've held up a music store at gunpoint...wouldn't have gotten ten years and a $675,000 fine.
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