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The jury's guilty verdict this week in a file-sharing trial could deter others from pushing back against the recording industry's copyright claims.
However, it is unlikely that it will completely stop music files from being swapped on the Internet, according to a music attorney specializing in online sales and copyright. The Recording Industry Association of America won its first trial this week when a jury ordered Jammie Thomas of Duluth, Minnesota to pay $220,000 to six separate record companies -- Sony BMG, Arista Records, Interscope Records, UMG Recordings, Capitol Records, and Warner Bros. Records. The amount covers 24 copyrighted songs illegally downloaded on her computer. Thomas' lawyer argued that someone else could have downloaded the songs either in-person or remotely, but the Minnesota jury sided with the recording industry. Christian Castle, who runs his own practice out of Los Angeles, said that the token ruling could discourage some people from illegally downloading and sharing copyrighted music and gives credence to the industry's legal tactics. Critics often claim the RIAA goes too far in chasing down those who share files illegally. "The fact that this case went to trial and there was a verdict -- whatever the outcome -- was a good thing, because there's some kind of sense that these cases don't have merit," he said during an interview Friday. That was the case earlier this summer when a Texas court sided with a woman who claimed Sony BMG Music Entertainment and others illegally employed unlicensed investigators to dig up information on her when the RIAA suspected she had been illegally sharing music files. Since 2003, the record companies have filed some 26,000 file-sharing lawsuits. In addition to individual cases, such as the Thomas case, the RIAA has also been targeting college campuses as hubs of illegal peer-to-peer file sharing under blanket "John Doe" lawsuits. Although record industry critics are likely to continue their resistance, the Minnesota ruling sends a message that "this really is bad behavior and it needs to stop," Castle said. People who aren't deterred by the ruling may be more inclined to accept settlement offers once they're caught, he said. The Thomas case did not go forward to stop file-sharing, he said. It will give artists and executives the "legal and moral high-ground" in their battles against copyright infringement, Castle said. It could also make it easier to lobby Congress for better protections. "For some reason the music business is charged with paying for effective enforcement of the law," he said. If someone called U.S. Customs and Border Patrol agents and complained that people were stacking crates of stolen Ford auto parts they would not be told to take care of it themselves, Castle said. "That's what's going on here," he said. As for Thomas, she got off easy, according to Castle, who said she could have been fined $150,000 per copy rather than $10,000. "I think the jury was telling her 'We don't buy your story. You're guilty of doing this intentionally. We're going to give you a verdict that will sting but is not the gross national product of a small country," he said. |