Guilty verdict in music file-sharing case: Minnesota woman Jammie Thomas, accused of illegally sharing music files on Kazaa, has been found guilty of willful copyright infringement. The jury ordered single mother Jennie Thomas to pay $9,250 for each of the 24 songs she was found to have shared, though they could have awarded as much as $3.6 million or as little as $18,000. Is justice served?
Microsoft visionary Bill Gates offers his opinion on the
future of the music biz: He suggested that music labels should push harder to sell all-you-can-eat subscriptions that let users download much more music that they keep as long as they continue paying. Microsoft is one of a handful of companies that have been negotiating with the music industry over a subscription-based program known as Total Music. “Subscriptions have absolutely been a mixed story and are not the mainstream thing today,”Mr. Gates said.
People are going to listen to a lot more music because it’s going to be easy to find neat new exciting music, its going to be easy to have your music with you, in the car, when you’re running,” he said. “It seems like there ought to be a way to translate that into an opportunity.”
More Radiohead Shakeups: “This feels like yet another death knell,” emailed an A&R executive at a major European label. “If the best band in the world doesn’t want a part of us, I’m not sure what’s left for this business.”
“That’s the interesting part of all this,” says a producer who works primarily with American rap artists. “Radiohead is the best band in the world; if you can pay whatever you want for music by the best band in the world, why would you pay $13 dollars or $.99 cents for music by somebody less talented? Once you open that door and start giving music away legally, I’m not sure there’s any going back.”
The Bottom Line: I believe many are blowing this Radiohead frenzy out of proportion. Remember, it’s a game and press. I respect the fact that Radiohead is thinking outside the box and creating this discussion and chatter. Its genius. Regardless, the “Pay What you Want” model is not the future, but, it was perfectly fitting for one the biggest cult bands.
I could not agree more KOAR; I think the line of thinking “what’s right for you might not be right for me” definately will apply here. They are a mega-band with a worldwide cult following; almost any “outside of the box” tactic they try will yield more fans, but to an artist who sells in the under 10,000 units range, trying this would be another obstacle to overcome rather than an aid to their career. Thanks for posting these types of articles.
Justice was served. Its important that our government enforces copyright protection. This should set an example.
I think justice was served. I mean, if anyone actually thought she was innocent, then you might feel it wasn’t. But her defense was weak and they called zero witnesses. I am wondering if this was some sort of move to get her name out there.
As for Radiohead, it’s definitely a smart press move and financial move. They have found that the average price that fans are paying for their “free” download is fair market price. That means instead of making their normal $1 – $1.50 a CD if they were on a label, they are making around $10 per CD sold online.
Plus, I’m sure their box set sales are higher than average, as well.
Great move Radiohead!
Oh and I feel like the subscription service is the wave of the future.
Soon, music will be on our utility bill like water and electricity. They do it with cable in Germany.
I’m a huge fan of subscription-based music.
You could not have said it better koar. This radiohead “pay what you want” has been the main topic this week. Radiohead is a phenomena. Artists cannot adopt the radiohead model.
This just an example of a successful entity giving away promotional gifts in return for bigger profits.
Is $220,000 for 24 songs just?
With intellectual property, there’s no real loss unless there’s the potential for a sale. I would argue that there’s no way $220,000 would’ve come to the music industry if she hadn’t downloaded/been sharing those songs. No way in hell.
Most downloads are on a whim, & might be played once or twice if that.
Is it just to ruin the life of a single mother of two over 24 songs? Maybe things should be done about file sharing, but should this lady take the brunt of it? I don’t think that’s very just.
I’m hoping the appeal goes better. Maybe she could use a new lawyer.
Hey Jon….Unfortunately, she chose to fight when she had a weak defense. And it was the first case of its kind so they usually always set a precedent on the first cases.
She could’ve been charged up to $3 million for the 24 songs but the jury gave her a fine on the lower end. Remember, she was judged by her peers and there was one musician in the jury. The jury came up with the figure.
She did need a new lawyer because other than “I didn’t do it,” I have no idea what her defense was.
If she creates a blog or website or some other music-related business, she could cash in. Her name is out there and people will always be interested to see what she does now.
I just wish that the first person to challenge the RIAA had a stronger case and didn’t keep switching the dates that she cleaned her hard drive.
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I agree with Jon. Is 220,000 too much for 24 songs? Why can’t the labels sue 50 people for 5,000 dollars each and threaten to sue hundreds of thousands more. I think that approach would inspire many more people to stop downloading than the one at hand.
I know that this approach would be much more expensive for the labels, but this woman is $220,000 in the hole! IS FEMA GOING TO GIVE AWAY HOUSING AND FOOD TO THE SENTENCED COPYRIGHT INFRINGERS? $220,000 would be a death blow to most single moms and the potential comfort of their children. I find this $220,000 to be outrageous.
I hope to see a more appropiate award after the appeal. I also hope to hear more about why the original was just. Give me a break.
How much will they sue the creators of the P2Ps?
Let us not forget Chris Castle’s insights into the limited powers of the US Copyright Office that he gave on Oct. 2nd’s koar post. http://www.kingsofar.com/2007/10/02/riaa-tells-jury-hold-defendant-responsible/#comments
Where should we really be pointing our attention?
The poor single mother will now just file bankruptcy and no money will change hands. What’s the point?
It’s time for older consumers to file a class action against the record labels to recover double paid royalty fees from format changes. When I replaced almost 500 vinyl records with CD’s, why did I pay royalties again on the same music? GREED!!! I wasn’t offered a wholesale price for replacing my Eagles Greatest Hits vinyl record with the same CD and turning in my vinyl to them as proof. Did the Eagles really sell 30 million copies….HELL NO!! Somewhere between 10 and 14 million paid twice for the same product…just different format. Multiply this times thousands of artists!! The record companies, artists, and songwriters owe the public a chunk of money!
Love the Radiohead ‘Tip Jar’ model! I have never bought a Radiohead album, but just sent them 10 bucks for the new one…just on principle! Hope this model catches on and weeds out all the shitty acts of today. As a 49 year old rocker, TODAYS MUSIC SUCKS!! Even today’s dance music sucks! The only glimmer of sunshine today is in blues IMO. Here are 2 examples:
Tyler Dow Bryant-a 16 year-old blues guitar player from Texas.
http://www.myspace.com/tylerbryantband
Mike Lattrell- a blues piano player from New York hangin’ out in the south of France.
http://www.youtube.com/watch?v=Bn6XhYuWuvQ
If you like this, go to Mike’s MySpace and download (legally free, WOW what a concept!) “Hey Mary”
http://www.myspace.com/mikelattrell
Where’s the Tip Jar Mike?
Tim, there’s no money in being sued by the RIAA. Certainly not $220,000. Surely you know better than that.
If you’re interested in her opinions, you’re probably alone.
Guilty verdict in music file-sharing case
and yet the internet provider who give people the tools to steal get nothing.
Good one, Larry.
Now I think I’ll go sue Home Depot for providing the remodeling guys the screws that were left on my street that popped my tires.
They’re all in cahoots, I know it! They just care about selling screws… no concern for the well-being of me OR my precious Jeep Cherokee. When will they start REGULATING their sales of screws? When will they learn that there’s MORE TO IT than the BOTTOM LINE? I’m being personally harmed here!
John Cole, your right the Punishment should fit the crime. If the government made it a priority to regulate illegal dl, than they would be able to fine people for a more justified amount (like a parking ticket) maybe 20-50 dollars per song. If i recieved a ticket for even half of my illegal dl’s I would be set straight pretty quickly, without the expense of having to file for bankruptcy.
Radiohead is the “best band in the world?” umm?
Sorry, but it’s very hard for me to have any Respect for an Artist who doesn’t know the Value and Cultural Impact of their own work!!
If the Artist can’t establish a “Value” for their own Art, then to me, their not really feeling any value in their ART! And don’t hand me that Capitolism Bullshit!! The member’s of Radiohead are all extremely wealthy from their earlier more COMMERCIAL WORK!!
So, if they really want to “Save the World” let them start with their own Bank Accounts! I’m so sick of Millionaires telling the rest of us “poor souls” what to do with our money, and how to think!! Lead by example, or shut the fuck up!! If Radiohead can’t or won’t put a value on what they do ( and believe me, I know they think their doing something right for humanity, they cried all the way to the bank putting out CD’s they supposedly didn’t like, or felt were too commercial) This whole Pile of Shit know as the “Music Industry” with it’s Untalented Army of “Doom and Gloom” Artist’s and Tone Deaf A&R’s is coming to an END!! And then, it’ll be talented Producer’s like me
and Artist’s who can really Sing and Play and Write Great Songs that will RISE UP!! So let Retardhead give their shit for nothing! Who cares? NOTHING OF TRUE VALUE IS EVER FREE, OR EASY TO COME BY!!
Her’s a hint kiddies: “NO ONE EVER RESPECTS ANYTHING THEY DON’T PAY FOR”…….AND I’M NOT JUST TALKING ABOUT MONEY……. WAKE UP!!
What’s under your belt, Michael Barile? Mixing 40 Below Summer? lolol E-Town Concrete? Are you THAT Michael Barile? Time of Orchids (speaking of tone deaf) Michael Barile?
“No one respects anything they don’t pay for.”
Conversely, if they respect it, they’ll pay for it. Besides, the people that pay 0 dollars to download this album are people that otherwise would have either downloaded it illegally or not heard it at all.
Most artists want their art to reach as many people as possible. And if you’re financially secure, why wouldn’t you take that opportunity?
The people that keep saying the “value” is lost with what Radiohead is doing needs to realize that the average person is paying market value for the Radiohead album.
They are empowering people to make their own purchase, and on average, they are paying market value. Some are actually paying a lot more.
I don’t listen to a CD more if I actually buy it, anyway. I don’t listen to a good CD less because it came in a press kit or a media source. That’s ridiculous. I don’t get any more value from music because I pay for it.
I value music because it means something to me and stirs up some kind of emotion. The physical nature of buying the CD doesn’t make me automatically give more value to music than not.
Radiohead a cult band? They sell out Madison square Garden. They headline Coachella and other large-scale events. Their music has gone platinum many times over. They have endured for years and years.
Don’t call them a cult band just because they’re not on the radio. Apparently, they do just fine without radio. Don’t call them a cult band because the red states don’t know them as well. Believe me, the metropolitan areas of the east and west coasts don’t really know all that much about Daughtry or Hinder. Nor do they care.
Don’t belittle the Radiohead affect. Understand the intricacies and repercussions of it.
All signed by Well respected Industry Types. Might not have been the best, but at least they tried. I also produced Candiria ( also signed by David Bendeth) one of Rolling Stones 10 most important Metal Bands ever! Whats under your belt Jon Cole. Who are you anyway?
PS I also own my own recording studio, maybe you’d like to forward me a list of people (bands) who don’t live up to your standards! I also produced: The New Black, One Solid State, two extremely talented bands, at least Andy Karp at Atlantic Thought so!
Never thought i’d experience the PUNKASS Politics of Attacking the person and NOT THE ISSUE!!