Thursday, January 29, 2009

ISPs and the Digital Music Industry


As a follow up to our discussion in class yesterday, all students are advised to review the first five articles posted via the Dean's List today (Thursday, 1/29.09).


I will post Whitney's reading assignment as soon as I have it.
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Also, I owe you all a clarification regarding the RIAA litigation strategy wrap up:
The $222K was not a settlement, it was a verdict. The judge was the one who called it out as wrong after the fact:
"On September 25, the Law Blog asked whether liability for music file-sharing was on its way out the door. Why? Because last year, in the first ever file-sharing trial, a jury found Jammie Thomas, a single mother, liable for copyright infringement for offering to share 24 songs on the Kazaa file-sharing network. Thomas got hit with a $222,000 verdict. At trial, Judge Michael Davis told the jury that merely making songs available for distribution — known in copyright circles as the “making available” standard — was enough to constitute a copyright violation. In other words, the record companies didn’t have to prove actual distribution took place. But then, in September, Judge Davis not only decided his instructions were wrong, but he also implored Congress to change copyright laws to prevent excessive awards against individuals in similar cases."

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