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White House to collect personal info from Twitter, Facebook, Myspace Users

White House to collect personal info from Twitter, Facebook, Myspace Users

http://www.youtube.com/watch?v=ohQFxsPzO4s

Bill would give president emergency control of Internet

White House Calls for Citizens to Inform on Opponents of Obamacare

 



Student Must Pay $675,000 in Downloading Case

Student Must Pay $675,000 in Downloading Case

AP
July 31, 2009

A federal jury on Friday ordered a Boston University graduate student who admitted illegally downloading and sharing music online to pay $675,000 to four record labels.

Joel Tenenbaum, of Providence, R.I., admitted in court that he downloaded and distributed 30 songs. The only issue for the jury to decide was how much in damages to award the record labels.

Under federal law, the recording companies were entitled to $750 to $30,000 per infringement. But the law allows as much as $150,000 per track if the jury finds the infringements were willful. The maximum jurors could have awarded in Tenenbaum’s case was $4.5 million.

Jurors ordered Tenenbaum to pay $22,500 for each incident of copyright infringement, effectively finding that his actions were willful. The attorney for the 25-year-old student had asked the jury earlier Friday to “send a message” to the music industry by awarding only minimal damages.

Tenenbaum said he was thankful that the case wasn’t in the millions and contrasted the significance of his fine with the maximum.

“That to me sends a message of ‘We considered your side with some legitimacy,'” he said. “$4.5 million would have been, ‘We don’t buy it at all.'”

He added he will file for bankruptcy if the verdict stands.

Tenenbaum’s lawyer, Harvard Law School professor Charles Nesson, said the jury’s verdict was not fair. He said he plans to appeal the decision because he was not allowed to argue a case based on fair use.

The case is only the nation’s second music downloading case against an individual to go to trial.

Last month, a federal jury in Minneapolis ruled that Jammie Thomas-Rasset, 32, must pay $1.92 million, or $80,000 on each of 24 songs, after concluding she willfully violated the copyrights on those tunes.
The jury began deliberating the case Friday afternoon.

After Tenenbaum admitted Thursday he is liable for damages for 30 songs at issue in the case, U.S. District Judge Nancy Gertner ruled that the jury must consider only whether his copyright infringement was willful and how much in damages to award four recording labels that sued him over the illegal file-sharing.

In his closing statement Friday, Nesson repeatedly referred to Tenenbaum as a “kid” and asked the jury to award only a small amount to the recording companies. At one point, Nesson suggested the damages should be as little as 99 cents per song, roughly the same amount Tenenbaum would have to pay if he legally purchased the music online.

But Tim Reynolds, a lawyer for the recording labels, recounted Tenenbaum’s history of file-sharing from 1999 to 2007, describing him as “a hardcore, habitual, long-term infringer who knew what he was doing was wrong.” Tenenbaum admitted on the witness stand that he had downloaded and shared more than 800 songs.

Tenenbaum said he downloaded and shared hundreds of songs by Nirvana, Green Day, The Smashing Pumpkins and other artists. The recording industry focused on only 30 songs in the case.

The music industry has typically offered to settle such cases for about $5,000, though it has said that it stopped filing such lawsuits last August and is instead working with Internet service providers to fight the worst offenders. Cases already filed, however, are proceeding to trial.

Tenenbaum testified that he had lied in pretrial depositions when he said his two sisters, friends and others may have been responsible for downloading the songs to his computer.

Under questioning from his own lawyer, Tenenbaum said he now takes responsibility for the illegal swapping.

“I used the computer. I uploaded, I downloaded music … I did it,” Tenenbaum said.

Mother Owes $1.92 Million For Downloading Songs

 



Mother Sued $80,000 For Every Illegally Downloaded Song

Single-Mother Ordered To Pay $80,000 Per Illegally Downloaded Song

A woman in Minnesota has been ordered to pay $80,000 a song to record companies for illegally downloading tracks and violating copyright laws.

A federal jury ruled that Jammie Thomas-Rasset willfully violated the copyrights on 24 songs, and awarded record companies $1.92 million.

The single mother of four from Minnesota was found liable for using the Kazaa peer-to-peer file-sharing network to download the songs over the internet.

Thomas-Rasset, 32, had been convicted previously, in October 2007, and ordered to pay $220,000 in damages, but the judge who presided over that trial threw out the verdict and ordered a retrial after he misdirected the jury.

The Recording Industry Association of America (RIAA) and big music labels have sued thousands of people for downloading and sharing music illegally, with most agreeing to settlements of between $3,000 and $5,000.

Thomas-Rasset was the first among those being sued to refuse a settlement and instead took the case to court, turning her into the highest-profile digital pirate in America.

She sat glumly, chin in hand, as she heard the jury’s finding of wilful infringement, which increased the potential penalty. She raised her eyebrows in surprise when the jury’s penalty of $80,000 (£49,000) per song was read out.

Outside the courtroom, she called the $1.92 million figure “kind of ridiculous” but expressed resignation over the decision.

“There’s no way they’re ever going to get that,” she said. “I’m a mom, limited means, so I’m not going to worry about it now.”

Her lawyer, Kiwi Camara, said that he and his client had not decided whether to appeal or pursue the RIAA’s settlement overtures.

Cara Duckworth, for the RIAA, said that the industry remained willing to settle. She refused to name a figure, but acknowledged that Thomas-Rasset had been given the chance to settle for $3,000 to $5,000 earlier in the case. “Since day one we have been willing to settle this case and we remain willing to do so,” Ms Duckworth said.

In December, the RIAA said that it would stop suing people who download music illegally to concentrate instead on getting internet service providers to take action. The move away from litigation represented an important shift in strategy for the music industry group, which had filed lawsuits in the US against some 35,000 people for online music piracy since 2003.

The focus on ISPs penalising illegal file-sharers is one of the main proposals in the new Digital Britain report published this week.

In testimony, Thomas-Rasset denied she shared any songs. The self-described “huge music fan” raised the possibility for the first time in the long-running case that her children or ex-husband might have done it. The defence did not provide any evidence that any of them had shared the files.

The recording companies accused Thomas-Rasset of offering 1,700 songs on Kazaa as of February 2005, before the company became a legal music subscription service after a settlement with entertainment companies. The music industry tried to prove only 24 exemplary infringements.

The court heard that Thomas-Rasset made the songs available on Kazaa under the screen name “tereastarr” – the same nickname that she acknowledged having used for years for her e-mail and several other computer accounts, including her MySpace page.

MediaSentry, the copyright security company, traced the files offered by “tereastarr” on Kazaa to Thomas-Rasset’s IP address and to her modem.

The recording industry has blamed online piracy for declines in music sales claiming it has lost billions of dollars through illegal file-sharing.