There is currently an active court case being heard regarding the piracy of music by Jammie Thomas, with the music company involved being Capitol Records. The lawsuit is based on the fact that Jammie allegedly made 24 music tracks available to download by storing them in a shared folder.
The Motion Picture Association of America (MPAA), which is handling the case for Capitol, is demanding US$150,000 in damages per song. Jammie has already received a US$220,000 fine for copyright infringement just for storing the files in a shared folder.
Fortunately for Jammie, the judge has decided he made a mistake ruling that just putting files in a shared folder was enough to prove piracy and is now asking for further information. The extra information required, however, would mean proving that someone actually downloaded the files stored in the folder and Jammie’s legal team therefore believe there is no case through lack of evidence.
The MPAA see it differently though, with attorney Marie L. van Uitert submitting a filing that argues proof is not necessary because it is very difficult or impossible to provide. It then follows up with the fact this difficulty in providing proof stops copyright owners solving piracy. Here’s the excerpt from the actual filing:
It is often very difficult, and in some cases impossible, to provide such direct proof when confronting modern forms of copyright infringement, whether over P2P networks or otherwise; understandably, copyright infringers typically do not keep records of infringement. Mandating that proof could thus have the pernicious effect of depriving copyright owners of a practical remedy against massive copyright infringement in many instances.
MPAA urges the Court not to impose any requirement of actual distribution because the Copyright Act imposes no such requirement
The full filing brief can also be viewed via the Wired blog (PDF)
Read more at Vnunet.com
Matthew’s Opinion
I find it hard to believe what I am reading sometimes when it comes to arguments in piracy cases. Basically what the MPAA attorney is arguing comes down to the fact they think someone committed piracy, don’t have proof, but want to win the case anyway.
Why hasn’t this case been thrown out already? As far as I can tell all Jammie did was put 24 songs in a folder marked as shared. There is no evidence the files were actually shared with someone else and therefore no prosecution can be made. Arguing that just because copyright material was in a shared folder should entitle Capitol Records to US$3.8 million in total damages is, well, ludicrous.
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