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RIAA lawsuit victim loses appeal

12 December 2005 10:49 by James "Dela" Delahunty | 54 comments

RIAA lawsuit victim loses appeal Cecilia Gonzalez, 29, has lost an appeal against a decision by an earlier District Court hearing that awarded $22,500 damages to the Recording Industry Association of America (RIAA). She was accused of downloading and sharing copyrighted music on P2P networks, and is only one of many thousand U.S. P2P users that have been sued. She claimed that she was only downloading the music to sample it and that if she liked it, she would have bought it at a later date.

However, the appeals court wasn't convinced. "A copy downloaded, played and retained on one's hard drive for future use is a direct substitute for a purchased copy," the judges said. "Gonzalez' argument is no more relevant than a thief's contention that he shoplifted only 30 compact discs, planning to listen to them at home and pay later." Her lawyer had contested that she hadn't broken any copyright laws by sampling the music.

She had rejected a $3,500 settlement offered by the RIAA's settlement centre earlier on and the case was taken to court. She apparently downloaded and distributed at least 30 tracks. She was fined $750 per track.

Source:
The Register


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    Discuss this article!  There are more user comments available, read them here
    Morph416 (Senior Member) 14 December 2005 6:25 Send private message to this user   
    @nono, and mike....

    Don't underestimate your enemy. If you found this site, this software...then you need to understand that in the world of software, there are things that do one thing, and things written to do just the opposite.

    I understand your faith in this product, as we all are in things that have new protocols for preventative measures...just sleep with one eye open.
    rsims17 (Inactive) 14 December 2005 8:34 Send private message to this user   
    @ S2K
    Good point i failed to think of the distribution of the songs which yes can be very large. However i disagree with your second statement the larger business's such as bestbuy lowes walmart and so forth target a vast majority of there security at there employees, not the consumer. smaller businesses i would imagine to be less willing to accept minor losses with a smaller profit margin so they would probably be more balenced. I am curious though in your training with the outlets what did they instruct you to do in the case that you see someone pocket a cd or dvd etc?

    You raise a good point P2P has the potential to kill the business itself but that does not mean it will its possible, maybe even probable. so yes P2P can potential back fire by putting our favorite artists out of the game.

    Here is my personall issue i will not pay 15 for a cd that has 3 good songs and 12 fillers and yes even in the business they are known as fillers a handfull of chart toppers and the rest are crap. Any artist producer or label that thinks they can pull that should be forcibly removed from the gene pool. My other issue sheer gread. a dvd costs the same as a cd, now if eminem is dropping 350 million to make his last cd then thats one thing, but hes not. Oh and lets not forget that the artist themselves the poor poor artists, their primary income is from concerts and appearences and endorsments; the label and the producers take the lions share from cd sales. I dont feel like i want to support kenya west (a long time producer) maintaining his american express black card.
    @ JaguerGod
    mmm well ill be damned, i didnt read that link dont have the time but i will thats interesting

    @ anyone talking about PG2
    it is a software based firewall simple as that the problem is that ever IP address it blocks you can download so the enemy can all too easily see what IP's PG2 is blocking and use one it doesnt block

    nonoitall (Member) 14 December 2005 11:47 Send private message to this user   
    PeerGuardian is by no means infallible, but having it is better than not having it. There's no way for an 'enemy' to 'do the exact opposite' and somehow cancel out the fact that you blocked their connection. Once a connection is blocked, it's blocked. An anti-P2P group can't develop some kind of sneaky software that allows them to connect from an IP address that's on the list - it just doesn't work (unless it's spyware that exists on the same machine as PeerGuardian, but we've all seen the result of the recording industry using spyware against their customers). Like rsims17 said, they can use an IP address that's not on the list, but that IP address will only remain off the list for so long. Long story short, PeerGuardian may not make it impossible for them to catch you, but it does make it harder.
    074kev (Newbie) 14 December 2005 13:27 Send private message to this user   
    "Gonzalez' argument is no more relevant than a thief's contention that he shoplifted only 30 compact discs, planning to listen to them at home and pay later."

    No comparison. If the record company was hit by a theif, all their albums would be gone.
    j0j081 (Junior Member) 14 December 2005 16:26 Send private message to this user   
    "Haven't you heard they made claiming bankruptsy a thing of the past. You can't go that route."
    -This is false. It is harder to file now but not impossible. They changed the requirements that is all.

    For those of you saying you'd destroy your hdds if the FBI were at the door I doubt you'd have time to do anything. Also, they only need evidence of you IP address downloading/updating to prosecute you so even if you did destroy the data you'd still be screwed.

    As for PG2 it does stop people from connecting to you but what if you are using bittorrent? Anyone who connects to the tracker can see who else is downloading without even connecting to you.
    nonoitall (Member) 15 December 2005 9:41 Send private message to this user   
    That's true and they'd probably try and sue you over it, but that's where the unreliable techniques of the recording industry come into view. With only your IP address, there's no way they can prove that you are uploading and/or downloading anything. Meaning if the case actually went to court they'd have nothing but digital hearsay - a log of a tracker that said your IP address was part of the torrent. Unless they actually connect to you and download off you, they have no true evidence that you've uploaded anything.
    davysue (Newbie) 16 December 2005 12:15 Send private message to this user   
    No one is perfect, everyone has housework that goes undone...everyone with a computer has files that need tidying. Keep the CD's you buy. In court, present the CD's, photo's of the inside of your fridge and examples of two week old unwashed socks.

    Case over.

    Oh, and make sure you send Bono and Britney a Christmas card apologising for them having one less glass of Crystal over the holiday season...the venal fudgers!

    This message has been edited since posting. Last time this message was edited on 16 December 2005 14:46

    Lethal_B (Moderator) 16 December 2005 14:35 Send private message to this user   
    davysue - Please edit out the F-word.

    Rule # 6
    Quote:
    No foul language, insults, personal attacks or otherwise rude messages
    Thanks

    This message has been edited since posting. Last time this message was edited on 16 December 2005 14:37

    davysue (Newbie) 16 December 2005 14:50 Send private message to this user   
    I can not believe that you are serious.

    It is permissable to write F***...when everyone knows that the word is f*&%...and yet want me to change it to fudge or freak or something else a tad anodyne. You funty bunster you. Seriously sad and tired.

    "They copied all they could follow
    but they couldn't copy my mind
    so I left them sweating and stealing
    a year and a half behind."
    Kipling:The Mary Gloster
    rsims17 (Inactive) 16 December 2005 22:01 Send private message to this user   
    dude its the f word its just a f***ing word, if you dont like the show change the channel beauty of the internet no censorship.... or would you prefere flowery kitty ;)

    This message has been edited since posting. Last time this message was edited on 17 December 2005 10:19

    Mik3h (AfterDawn Addict) 17 December 2005 0:17 Send private message to this user   
    Quote:
    dude its the f word its just a word
    Regardless of it just being a word, you should respect other member's requests especially when it comes to course words. Anyway, it has also been stated by Lethal that it is also against the forum rules. So I highly reccomend you watch your mouth if you wish to stay any longer. The mods here do keep order.

    -Mike

    The Seeding Saviours™ {SS}

    http://my.afterdawn.com/mik3h/ - My Public Afterdawn Profile!
    http://forums.afterdawn.com/thread_view.cfm/267012 - How To Build Up A Big Ratio On BitTorrent Registered Trackers!
    http://forums.afterdawn.com/thread_view.cfm/15105 - Before Asking How To Burn PS2/PS1/Xbox Games.. Check here!
    http://forums.afterdawn.com/thread_view.cfm/228294 - Before Asking How to Copy Xbox games.. Check here!
    http://adbuddies.ccsau.com/chat/index.html - Join Us Live On IRC!
    isepiq (Newbie) 17 December 2005 2:40 Send private message to this user   
    Growing up I bought a huge collection of vinyl records. Then, all of a sudden, when I needed a new record player and receiver, all of them made my vinyl records sound really bad. Appears that something called a 'subsonic filter' made just to keep your vinyl records sounding good was removed. Oh well, guess what? 8 Track players had just come out. Ok, sold the vinyl and got all 8 tracks. Guess what? Came a day when 8 Track players were no longer available. Old one dead. Not to worry, Cassette had just come out. Sold my 8 Tracks and again bought my music collection in Cassette form.
    Well, guess what? Cassettes have a 'lifespan' that is quite short. There came a day when they all started going 'bad'. NOT TO WORRY!!! CD's had just come out. Well, I ended up having to throw out all the cassettes, and started to re-buy for the FOURTH TIME my music collection. However, something snapped. I had had it. Had a cable installer tell me about Napster (back when it was free), and I have never looked back. After buying my music FOUR TIMES, I really don't feel bad about P2P at all. I DO pay for Christian Music CD's, but all the oldies stuff that I bought 4 times is P2P.
    IMHO
    isepiq

    This message has been edited since posting. Last time this message was edited on 21 December 2005 8:17

    Lethal_B (Moderator) 17 December 2005 4:44 Send private message to this user   
    davysue
    Quote:
    I can not believe that you are serious.

    It is permissable to write F***...when everyone knows that the word is f*&%...and yet want me to change it to fudge or freak or something else a tad anodyne.
    Look, I don't know what your problem is, but as a Senior member I feel I should show some sort of an example around here.

    Foul language is against the rules. You seem to be forgetting that this is a public forum ~ meaning children of any age could be on here. Imagine if everyone swore in their posts - it would look really bad on the forums.

    Lastly,
    Quote:
    You funty bunster you. Seriously sad and tired
    Why attack me? I do not make the rules, all I do is try and remind people of them for the sake of not being banned.

    rsims17
    Quote:
    dude its the f word its just a fucking word, if you dont like the show change the channel beauty of the internet no censorship.... or would you prefere buck futter
    Like I said to the davysue, I was merely pointing out the rules! It's not a question of what I prefer, it's a question of whether the Admin team accepts it in their forums..

    The sooner you learn that and stop acting so childish, the better

    flip218 (Moderator) 17 December 2005 4:57 Send private message to this user   
    rsims17 & davysue,

    Forum rules are forum rules. You don't like em ... leave. Seriously ... they're simple rules. It's not that hard. Also, quit being a smart a** cause you didn't read or understand the forum rules. Acting in that manner towards long time members is a good way to get yourself kicked from aD.

    @Lethal,

    Next time just report it.

    AMD X2-4400, MSI K8N Neo2-F, XP Pro SP1
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    NEC 2510, Sony DDU-1612, ATI X850 XT PE

    Dell™ 8250, Pentium 4 3.06GHz HT, 1.5GB PC1066
    HD's 1.5 TB (6x250), XP Pro SP1, ATI AIW 9800 Pro
    Plextor PX-716A, Lite-On 167T, Plextor Premium

    Forum rules!! http://forums.afterdawn.com/thread_view.cfm/2487
    rsims17 (Inactive) 17 December 2005 10:16 Send private message to this user   
    Lethal_B

    You raise a good point with the fact children can find it and for that i will edit my previous post. less we forget however meer language is by far the most inocent of things children can find online; everything in life is relative. what is worse for a kid to see four letters or debbie going down on the farm... literally. I find myself drifting off form time to time thinking about the morals of the societies of the world, and it really is entertaining such petty things we view to be so horrid. Can i be a smart a** instead of childish :)

    Free speach truely is beautiful though, we can all say whatever we wish; it would be very ironic (though insanely improbabable) that this site was removed from the internet for aiding in its visitors make backups for there digital property.

    Our beloved moderator

    Forum rules are rules, i have read them, i do understand them they are in fact very simple. I view long time members no different than us "newbie's" however i can understand the seniors higher rank to you. know this i am editing my previous post for Lethal_B, i respect his reasons why, impressionalbe young minds. i am not editing it for you or the fear of being kicked off. you must do what you must do and i understand that and respect that.

    (i edited the a** for our friend lethal)

    This message has been edited since posting. Last time this message was edited on 17 December 2005 10:18

    rav009 (Senior Member) 17 December 2005 11:41 Send private message to this user   
    so what can we use to stop us from being traced,

    maybe use peergaurdian?

    rav , # (virology) ultramicroscopic infectious agent that replicates itself only within cells of living hosts; many are pathogenic; a piece of nucleic acid (DNA or RNA) wrapped in a thin coat of protein
    # a harmful or corrupting agency; "bigotry is a virus that must not be allowed to spread"; "the virus of jealousy is latent in everyone"
    # a software program capable of reproducing itself and usually capable of causing great harm to files or other programs on the same computer; "a true virus cannot spread to another computer without human assistance"
    Mik3h (AfterDawn Addict) 17 December 2005 12:33 Send private message to this user   
    Yes!

    It really protects you and the lists are updated daily!

    -Mike

    The Seeding Saviours™ {SS}

    http://my.afterdawn.com/mik3h/ - My Public Afterdawn Profile!
    http://forums.afterdawn.com/thread_view.cfm/267012 - How To Build Up A Big Ratio On BitTorrent Registered Trackers!
    http://forums.afterdawn.com/thread_view.cfm/15105 - Before Asking How To Burn PS2/PS1/Xbox Games.. Check here!
    http://forums.afterdawn.com/thread_view.cfm/228294 - Before Asking How to Copy Xbox games.. Check here!
    http://adbuddies.ccsau.com/chat/index.html - Join Us Live On IRC!
    rav009 (Senior Member) 17 December 2005 12:38 Send private message to this user   
    thanks for that one mike,ive instaled and it seems to look very good.

    hopefully ill be safe from anti p2p companys now, is their anything i could also do to lessen the chance of being traced?

    Chav is a derogatory slang term in popular usage throughout the UK. It refers to a subculture stereotype of a person who is uneducated, uncultured and prone to antisocial or immoral behaviour. The label is typically, though not exclusively, applied to teenagers and young adults of white working-class or lower-middle class origin. Chav is used for both sexes, where a male chav is sometimes referred to as a chavster and a female as a chavette. ...

    This message has been edited since posting. Last time this message was edited on 17 December 2005 12:39

    Lethal_B (Moderator) 17 December 2005 12:43 Send private message to this user   
    Quote:
    @Lethal,

    Next time just report it.
    Cool flip, no probs.

    Mik3h (AfterDawn Addict) 17 December 2005 14:10 Send private message to this user   
    I just can't get over that sig of yours.. :(

    Yeah PG2 is real good, I don't think there are anymore ways to stay truly protected as you are with PG2.

    -Mike

    The Seeding Saviours™ {SS}

    http://my.afterdawn.com/mik3h/ - My Public Afterdawn Profile!
    http://forums.afterdawn.com/thread_view.cfm/267012 - How To Build Up A Big Ratio On BitTorrent Registered Trackers!
    http://forums.afterdawn.com/thread_view.cfm/15105 - Before Asking How To Burn PS2/PS1/Xbox Games.. Check here!
    http://forums.afterdawn.com/thread_view.cfm/228294 - Before Asking How to Copy Xbox games.. Check here!
    http://adbuddies.ccsau.com/chat/index.html - Join Us Live On IRC!
    isepiq (Newbie) 21 December 2005 8:19 Send private message to this user   
    For the ultimate in protection, do a google search for a website called bluetack in the uk. You won't regret it.
    rav009 (Senior Member) 22 December 2005 4:13 Send private message to this user   
    Quote:
    For the ultimate in protection, do a google search for a website called bluetack in the uk. You won't regret it.

    yes i searched that and it looked like a dodgey site, it said it was a tracking site, is this the one you are talking about?



    ________________-->>signature field<<--__________________
    isepiq (Newbie) 23 December 2005 13:28 Send private message to this user   
    rav009 (Senior Member) 24 December 2005 1:37 Send private message to this user   
    ok can you just tell us what that bluetack is, as you have not givin any detail on it i will rather not click that link.


    Mik3h (AfterDawn Addict) 24 December 2005 6:59 Send private message to this user   
    Oh come on... Just click on it.. it's for internet and P2P safety..

    -Mike

    The Seeding Saviours™ {SS}

    http://my.afterdawn.com/mik3h/ - My Public Afterdawn Profile!
    http://forums.afterdawn.com/thread_view.cfm/267012 - How To Build Up A Big Ratio On BitTorrent Registered Trackers!
    http://forums.afterdawn.com/thread_view.cfm/15105 - Before Asking How To Burn PS2/PS1/Xbox Games.. Check here!
    http://forums.afterdawn.com/thread_view.cfm/228294 - Before Asking How to Copy Xbox games.. Check here!
    http://adbuddies.ccsau.com/chat/index.html - Join Us Live On IRC!
    rav009 (Senior Member) 24 December 2005 7:08 Send private message to this user   
    hmmm, its ok a similar site is http://www.p2pforums.com/


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