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U.S. Govt: Harsh Punishments Needed to Deter File-Sharers


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The Unites States Government has submitted a brief to the Supreme Court asking it to uphold the $220,000 verdict in the RIAA vs. Thomas file-sharing case. According to the Obama administration damages of $9,250 per song is not an unconstitutional amount and is in fact needed to deter others from engaging on online piracy.

The extended legal action between the RIAA and Jammie Thomas has been dragging on for more than half a decade, and is currently with the Supreme Court.

The case is best known for being the first major file-sharing case in the US concerning the P2P activity of a regular user and the vast swings in damages awarded over multiple court hearings.

The court of appeal reinstated the original $222,000 award in September after which the case headed to the Supreme Court.

In the Supreme Court the defense team argued that the $9,250 statutory damages award per shared song (24 in total) is unconstitutional. According to Thomas’ lawyers the damages are out of proportion and not in line with any harm the RIAA labels have suffered.

The RIAA disagrees, and they are not alone.

The Obama administration has now chimed in, most likely because this is the first file-sharing case to make it to the Supreme Court. The outcome of the appeal will set a strong precedent for future cases, and in a brief filed on Monday the U.S. informed the Court its position.

In the brief the Government backs the RIAA and asks the Supreme Court to keep the current $220,000 verdict intact.

Among other things, the administration emphasizes that punishing damages are needed to deter others from engaging in online piracy.

“An award of statutory damages under the Copyright Act does not simply redress a private injury, but also serves to vindicate an important public interest,” the brief reads.

“That public interest cannot be realized if the inherent difficulty of proving actual damages leaves the copyright holder without an effective remedy for infringement or precludes an effective means of deterring further copyright violations,” it continues.

Although the Obama administration is not part of the case, it has the right to ask the Court to accept its opinion, just like any other third party. By doing so the Government wants to make sure that file-sharers aren’t able to walk away with a token fine of a few hundred dollars.

RIAA spokesman Jonathan Lamy previously told TorrentFreak that this deterrent function is one of the main reasons why the music labels started their file-sharing lawsuits.

“I remember sitting in a focus group of college students and the moderator kept asking the students what would it take them to stop downloading illegally: more than one said, ‘You have to sue me or my roommate. We need to see first hand that getting caught could lead to trouble’,” Lamy said.

The RIAA eventually targeted about 35,000 people in their litigation campaign, and the Thomas’ case is one of the last remaining.

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this is insane.

i would do the opposite...

harsh punisment is needed for all the faulty DMCA notice they send.

if $9250 per song is ok, i would say that a bigger amount is ok to punish them, so they improve their faulty filters.

they disrupt the internet after all.

And add punitive dommage if the "mafiaa" continue to do the same mistake. (and they will)

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this is insane.

i would do the opposite...

harsh punisment is needed for all the faulty DMCA notice they send.

if $9250 per song is ok, i would say that a bigger amount is ok to punish them, so they improve their faulty filters.

they disrupt the internet after all.

And add punitive dommage if the "mafiaa" continue to do the same mistake. (and they will)

This is all planned. Watch this, it was made in 2007 but it is explaining the blueprint of how the global corrupt system wants to fuck the whole planet over, really neat information:

ALSO WATCH

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Users from certain countries cannot be touched by whatever provisions are sought to be ordained by other countries (not limited to fatwas.) :showoff:

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On a secondary note, have you guys been up to date on world news? Everything is really getting freaking INSANE! Something big is on it's way guys...I'm not sure what exactly.

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On a secondary note, have you guys been up to date on world news? Everything is really getting freaking INSANE! Something big is on it's way guys...I'm not sure what exactly.

What makes you say that? I regularly follow news but nothing out of the ordinary..

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the problem is a small majority fuck up the system, change law in their favor, and peoples do nothing, or not much.

Many peoples revolt against SOPA, and they stop it...the first time, but they already do all their things without it.

Obama seem to be friend with all these Mafiaas cies, and he's there for four years.

Back in Canada, Harper is...a US friend, so we are also in trouble, even copyright trolls begin to do their things here.

At least, they decide to scrap the C30 bill, where any official gouvernment agency or cies could ask all our privacy thing (name, adresse, ip), and where they could spy on us, check our email, without court order. They try to pass it as to fight against child porn (look good), but everybody were against it, knowing better.

We lose our privacy, we lose our liberty.

it's beginning.

Big brother is coming (already here maybe).

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On a secondary note, have you guys been up to date on world news? Everything is really getting freaking INSANE! Something big is on it's way guys...I'm not sure what exactly.

What makes you say that? I regularly follow news but nothing out of the ordinary..

The amplifying wars in the middles East, the Pope resigned, UFO sightings have increased A LOT, criminal like laws are being made that can outright LEGALLY kill USA citizens without trial (secret police), gun confiscations will probably cause another civil war here in America, global poverty and riots on the increase, more Earthquakes which are more recent and larger, the list could go on forever.

If your not sure whats happening, your not looking hard enough. Some really weird stuff is happening now and soon enough, a lot more insane stuff is on the way. Infowars.com is a news website as well, have a peek and give it a fair chance.

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On a secondary note, have you guys been up to date on world news? Everything is really getting freaking INSANE! Something big is on it's way guys...I'm not sure what exactly.

What makes you say that? I regularly follow news but nothing out of the ordinary..

The amplifying wars in the middles East, the Pope resigned, UFO sightings have increased A LOT, criminal like laws are being made that can outright LEGALLY kill USA citizens without trial (secret police), gun confiscations will probably cause another civil war here in America, global poverty and riots on the increase, more Earthquakes which are more recent and larger, the list could go on forever.

If your not sure whats happening, your not looking hard enough. Some really weird stuff is happening now and soon enough, a lot more insane stuff is on the way. Infowars.com is a news website as well, have a peek and give it a fair chance.

So what? What should we do? Go and panic?

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On a secondary note, have you guys been up to date on world news? Everything is really getting freaking INSANE! Something big is on it's way guys...I'm not sure what exactly.

What makes you say that? I regularly follow news but nothing out of the ordinary..

The amplifying wars in the middles East, the Pope resigned, UFO sightings have increased A LOT, criminal like laws are being made that can outright LEGALLY kill USA citizens without trial (secret police), gun confiscations will probably cause another civil war here in America, global poverty and riots on the increase, more Earthquakes which are more recent and larger, the list could go on forever.

If your not sure whats happening, your not looking hard enough. Some really weird stuff is happening now and soon enough, a lot more insane stuff is on the way. Infowars.com is a news website as well, have a peek and give it a fair chance.

I'm putting on my tin foil hat right now. :rolleyes:

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