File sharing
The P2P file-sharing case could set a dangerous precedent

RIAA wins US file sharing test case

Minnesota mum faces $220,000 bill for copyright infringement

Written by Clement James and Iain Thomson

The US record industry won a key victory in court this week after a Minnesota woman was found guilty of copyright infringement and ordered to pay $220,000 to six music labels.

The courtroom battle between single mother Jammie Thomas, 30, and the recording industry is an important test case because it is the first time that a consumer has elected to forgo settlement and argue the case before a jury.

Thomas was accused of the illegal sharing of more than 1,700 songs on peer-to-peer network Kazaa. The charge was later cut to 24 songs.

The woman claimed in her defence that she has never used Kazaa and does not have a Kazaa account.

The case could set a dangerous precedent, in that the owner of an internet account could be held responsible for any file sharing taking place from that connection, such as children using a family computer.

Around 26,000 people are thought to have been sued by the Recording Industry Association of America (RIAA) since 2003, almost all of whom have settled out of court for a few thousand dollars.

However, many industry watchers expect that the case is far from over and that an appeal is likely.

The case also highlighted some curious thinking by the record companies. For example, an executive for Sony BMG stated that the act of copying a music track from a CD to a media player is an act of theft.

"When an individual makes a copy of a song for himself, I suppose we can say he stole a song," said Jennifer Pariser, head of litigation and anti-piracy at Sony BMG.

Making a "copy" of a purchased song, she said, is just "a nice way of saying 'steals just one copy'".

Pariser also acknowledged that the money spent on lawsuits such as this is not being recovered from the pirates, and that the RIAA is making a loss.

When questioned on the stand Pariser admitted that the recording industry had no idea how much money it had lost to file sharing.

Tags:

Further reading

RIAA case dismissed as 'speculation'

Judge tells trade body to offer better evidence on P2P pirates   More...

EFF condemns music download lawsuits

Group says RIAA legal campaign not working   More...

Granny sues RIAA for unlawful investigation

Texan woman accuses trade body of 'extortion'   More...

RIAA sued for malicious prosecution

Oregon mother files suit claiming 'repulsive accusations'   More...

Related articles

MPAA 'does not need' proof of piracy

Too difficult to obtain, says attorney   More...

Oregon blocks RIAA spying attempts

Subpoenas dismissed as 'overbroad and burdensome'   More...

RIAA faces lawsuits from artists

Millions of dollars in settlements still not being paid, claim artists   More...

MPAA wins $110m from TorrentSpy

Unlikely to see any money from bankrupt concern   More...

Do you agree?

Advertisement

Job of the week

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Hiring now on ComputingCareers:

Related IT jobs

Search thousands of IT jobs :

Search thousands of IT jobs:

Advanced search

Advertisement

Watch

24 Jul 2008

3.68 MBSpammer jailed, Esquire e-cover, and network passwords More...

23 Jul 2008

2.99 MBSmall time security, official 'spying' requests and a spammer jail break More...

22 Jul 2008

3.22 MBSat-nav crashes, open source security and female gamers More...

Poll

EUROPEAN E-COMMERCE

EUROPEAN E-COMMERCE

Are you happy making an online purchase from another European country?

Previous poll results

Newsletter signup

Sign up for our range of FREE newsletters:

Existing User

Newsletter user login:

Enter email address to edit your newsletter preferences

Spotlight

Credit card transaction

Credit card fraud rampant in the UK

Attempted frauds go unreported and ignored, analysts claim   More...

Intel

Intel rolls out new embedded line-up

System-on-a-chip offerings promise footprint and power saving   More...

Advertisement

Network cables

Tech giants collaborate on wireless HD

Another attempt at cable-free transmission in the home   More...

iPhone fever fills AT&T coffers

US provider cashes in on Apple smartphone   More...

Advertisement