I couldn't resist posting the above comic (courtesy of Toothpaste for Dinner) after reading about Jammie Thomas. Why doesn't the Recording Industry Association of America realize their tactics concerning fair use are not worthwhile? By suing Thomas, a 30-year-old mother of two, they have put the nail in the proverbial coffin of completely demonizing themselves.

This seemingly-soulless group that represents record labels has attempted to stop illegal file-sharing in a round-about and fruitless way. Rather than taking a positive approach to the situation, they have been on the offensive since day 1. Suing unfortunate soul after unfortunate soul, the RIAA has done nothing more than throw gasoline onto the bonfire that is the debate of media fair use.

A Wired blog article does a good job of balancing out the facts of the case. Thomas' income wouldn't be so sad if the RIAA hadn't been awarded so much of her money. She makes $36,000 a year, and for the 24 songs the RIAA sued for, they were awarded $220,000. I cannot believe a jury would sentence someone to this hefty fine for downloading intangible computer files for her personal use. She was not profiting from the sale of any materials downloaded through the p2p program Kazaa.

The Wired piece continues by explaining Thomas actually had 1,702 downloaded files, but the RIAA chose to only sue for 24. This was surprisingly lenient, but not enough. Thomas should have ceased once the RIAA contacted her, but she decided to keep downloading files. The old adage "everyone else is doing it" is a weak argument. Under the current (albeit flawed) guidelines, one is only allowed to have digital copies of songs they already purchased in a tangible form. Downloading copious games, movies and songs you do not own is illegal, plain and simple.

In an Information Week article, Thomas said she plans to appeal the decision. I wish her good luck in her ever-lasting fight. Under current guidelines and laws, she'll need it.

We are in a new time requiring new laws and actions against illegal downloads. In my opinion, file sharing should not be illegal. Apple's iTunes has already capitalized on the emergence of .mp3s. By selling songs at marginal costs, it is a win-win situation. This is something the RIAA should keep in mind.