[pp.int.general] Music industry hit with $60 billion copyright infringement lawsuit

[Andrew Norton]

I just did a nice little comment on there, but it's 'awaiting
moderation' - who knows if we'll see it published.

I'll repeat it here in case it never gets approved.

"Here’s the thing, you say the pending list system “represents an
agreed upon industry wide consensus that songwriters, music publishers
(who represent songwriters) and the recording industry use and rely on
to ensure that music gets released and to the market efficiently and
the proper copyright owners get compensated.”
Well, excuse me, but how is that ANY different from P2P? What you’re
saying is that it’s a system where you commit copyright infringement,
and later decide on honoring copyright. To blatantly disregard
copyright, when it’s deemed ‘inefficient’ is highly hypocritical and
ethically suspect, especially when stronger penalties are being pushed
for.
If I want to use a copyrighted work, I have to go get a license first.
if I don’t, I get sued for infringement. Why is it one rule for us,
and another for the industry?
Let’s boil it down to bare facts. This list is nothing more than a
documented list of works used without licenses found. It is a list of
copyright infringements. As the people behind the list are those that
have pushed for the heavier punishments, ethically, they should face
the strongest (after all, you’re the ones crying you need the
penalties, but you’re also the heaviest infringers)
” Further, as Prof. Geist must know, Canadian courts cannot award
statutory damages of $20,000 “per infringement” under the Copyright
Act, as he claims.”
Except, I just looked at the law. Page 60 of the copyright law
(http://laws.justice.gc.ca/PDF/Statute/C/C-42.pdf) states
“38.1 (1) Subject to this section, a copyright
owner may elect, at any time before final judgment
is rendered, to recover, instead of damages
and profits referred to in subsection 35(1) [actual damages],
an award of statutory damages for all infringements
involved in the proceedings, with respect
to any one work or other subject-matter, for
which any one infringer is liable individually,
or for which any two or more infringers are liable
jointly and severally, in a sum of not less
than $500 or more than $20,000 as the court
considers just.” That looks like $20,000 per infringement to me.
Also, 38(7) says
“(7) An election under subsection (1) [above] does
not affect any right that the copyright owner
may have to exemplary or punitive damages”
Basically, the law says that it CAN be $20,000 per infringement
(contrary to your claim) and that more damages can be awarded as well.
At the end of the day, the law is the law. It trumps any agreement
you’ve made, especially as it’s a law you’ve been lobbying for, and
wanted to make stronger."

It's another case of do as we say, not as we do, just like the MPAA
infringing copyright 4 years ago on "This film not yet rated"
(http://en.wikipedia.org/wiki/This_Film_Is_Not_Yet_Rated#MPAA_infringements)

Andrew


On Sun, Dec 13, 2009 at 7:24 PM, Edison Carter
<the.real.edison.carter at gmail.com> wrote:
> "exaggerated headlines gets people’s attention; so why not just make numbers
> up? " - Barry Sookman
>
> Ahh, so that's where those ridiculous claims of 'losses' come from!
>
>
> On Mon, Dec 14, 2009 at 1:09 PM, Brian McNeil <brian.mcneil at wikinewsie.org>
> wrote:
>>
>> On Tue, 2009-12-08 at 19:14 +0000, Philip Hunt wrote:
>> > 2009/12/8 Edison Carter <the.real.edison.carter at gmail.com>:
>> > > Interesting though; if they do get the full fine can the CRIA then
>> > > claim
>> > > that they "lost $6bn due to piracy" ?
>> > >
>> > > Well, technically it would be true...
>>
>> I emailed several people for comment on this. From the 'industry' side I
>> was referred to this:
>>
>>
>> http://www.barrysookman.com/2009/12/08/geist-inflates-pending-lists-claim-to-vilify-record-labels/
>>
>> The BIO on his sight (misspelt deliberately; that green is offensive)
>> might be worth Mr Stallman's ire...
>>
>> http://www.barrysookman.com/about/
>>
>> And Mr Sookman? For the five plus years Google News has been running,
>> there is one entry; a recent one.
>>
>>
>>
>> --
>> Brian McNeil
>> <brian.mcneil at wikinewsie.org>|http://en.wikinews.org/wiki/Brian_McNeil
>> Content of this message in no way represents the opinions or official
>> position
>> of the Wikimedia Foundation or any of its projects.
>>
>> ____________________________________________________
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>>
>
>
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>