With the Thomas case, I believe it is in the news, because the outrageousness of the facts is what is going to start conversations going in the digital music industry about the 'make availabe' argument. Thomas' fine of $222, 000 for copyright violation is unconstitutional, because she is the only one being prosecuted. I think that one woman should not be the example that the recording industry wants to make. The RIAA should find a way to control the sharing/downloading industry themselves.
The thing that I do like is that the copyright laws are being more defined, so they can be followed. Prosecuting Thomas right now is like prosecuting people 20 years ago for making mix tapes and giving them to your friends. Technically, copying cassettes and then giving it away was distributing the music without going through the artist or record industry.
I don't think the case was proven against her as much as the jurors knew little about the case. Also, the point has been made that file sharing occurs unknowingly across the internet. The reasoning of the court is too broad. If Thomas is rightfully convicted, then other file-sharers should be attacked for creating the programs and distributing the information .
Tuesday, October 16, 2007
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