The Day The Music Died

Jammie Thomas and her idiot lawyer

Pictured above is Jammie Thomas and possibly the most inept lawyer ever to set foot in a court of law.

Yesterday Thomas, a single mother of two, was presented with a $222,000 bill from RIAA by a jury who found her guilty of sharing 24 tracks on the Kazaa P2P network, specifically:

  • Aerosmith – Cryin
  • Bryan Adams – Somebody
  • Def Leppard – Pour Some Sugar on Me
  • Destiny’s Child – Bills, Bills, Bills
  • Gloria Estefan – Here We Are, Coming Out of the Heart, Rhythm is Gonna Get You
  • Goo Goo Dolls – Iris
  • Green Day – Basket Case
  • Guns N Roses – Welcome to the Jungle, November Rain
  • Janet Jackson – Let’s What Awhile
  • Journey – Faithfully, Don’t Stop Believing
  • Linkin Park – One Step Closer
  • No Doubt – Bathwater, Hella Good, Different People
  • Reba McEntire – One Honest Heart
  • Richard Marx – Now and Forever
  • Sara McLachlan – Possession, Building a Mystery
  • Sheryl Crow – Run Baby Run
  • Vanessa Williams – Save the Best for Last

Never mind that each of these tracks are available on the iTunes Music Store for 99¢ each; much more troubling is that this verdict was reached without the RIAA ever having to prove that any file sharing actually took place!

Consider the following, submitted to the judge from the RIAA:

JURY INSTRUCTION #15: The act of making copyrighted sound recordings available for electronic distribution on a peer-to-peer network, without license from the copyright owners, violates the copyright owners’ exclusive right of distribution, regardless of whether actual distribution has been shown.

The admissibility of this written statement was a key factor in the jury’s verdict, yet in my mind seems more than a bit incongruous with any combination of the words “fair” and “trial”.

Richard Gabriel, lead counsel for the labels cartel, is quoted as saying: “This does send a message, I hope…”

You got that right, bub… The artists above can consider themselves boycotted by yours truly — most of the names on that list won’t be a problem because they already suck! Now, who’s up for a good ol’ fashioned CD burning?

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About Andrew

Mobile phones, Linux and copyright reform. Those go together, right?
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9 Responses to The Day The Music Died

  1. Ed Miller says:

    AC:

    I think the CD would suck as much as this decision does. It’s unfortunate they’ve picked on someone who didn’t know the consequences of what she was doing, especially wwhen there are a lot of people with more knowledge of what they’re doing and doing so with malicious intent.

    Ed

    PS: the victim, er defendant, is from Brainerd, Minnisota, home of Chief Marg Gunderson. this definitely has the feel of a Cohen Bros movie….

  2. She isn;t quilty of file sharing but for having terrible taste in music. I’m surprised that she wasn’t sent to the gas chamber!

  3. Shane says:

    Sad, when can rich people realize that they dont need more money.

  4. andyfox1979 says:

    yeah, why they aren’t targeting people who are making a business out of this is beyond me. If they catch someone, send them a bill for say the album price of eac song. That’s fair.

  5. Albert says:

    I am going to make a mix CD of all those songs and give them away for free on street corners and I will call call it ‘Jammie’s Mix’.

  6. AC says:

    Well, it seems The Times Online stole my clever title:

    http://preview.tinyurl.com/22bgek

    Their piece is about the changing face of the music industry, and is a good read. The band “Ambush Reality” is crap, though 😛

  7. The jury instruction was a little misleading. The law considers making available for download as distribution, whether actual downloading takes place. Just because you are bad at giving away files doesn’t mean that you are not trying.

  8. Peter Rock says:

    Laws against the sharing of published works are unjust.

Comments are closed.