Comments on: How it feels to be sued for $4.5m

By: reincarcare electronica

reincarcare electronica — Sun, 30 Oct 2011 20:04:37 +0000

Between me and my husband we’ve owned more MP3 players over the years than I can count, including Sansas, iRivers, iPods (classic & touch), the Ibiza Rhapsody, etc. But, the last few years I’ve settled down to one line of players. Why? Because I was happy to discover how well-designed and fun to use the underappreciated (and widely mocked) Zunes are.

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By: David Walker

David Walker — Thu, 30 Jul 2009 20:10:39 +0000

You “only wanted to share Come As You Are with other Nirvana fans”.

Yes, but other Nirvana fans know where to buy the CD. It’s not yours to share! Let the other Nirvana fans buy their own music. It’s not YOUR PLACE to make sure they are taken care of.

I have seen comments that say you should have been asked to cease and desist, and only then, should you be sued. Well, you WERE asked to “cease and desist”. You KNEW you should cease and desist. You reportedly told your Dad that “you only get sued if you do it a lot”. Duh, that means that you knew it was illegal. Stealing money by credit card fraud is only bad if you do it a lot, too.

The copyright holders (whether you agree with them or not) have made it clear that they were going after people who shared music files. Yes, it’s not the sanest law in the land, but guess what: YOU DON’T GET TO CREATE THE LAWS.

I don’t agree completely with all of the laws about licensed software, but guess what? I follow them anyway. It’s not up to me to decide what laws are worth following.

By: dustin montgomery

dustin montgomery — Wed, 29 Jul 2009 00:53:06 +0000

I hope everything goes OK. What the RIAA is doing is way overboard. I can see a fine for $500 but not a fine for 4.5 million. Hopefully this blows up in The RIAA’s face. Maybe you can counter sew for them copying your hard drive or sew one of there children for coping music (it wouldn’t be hard to find one). Given the lack of technical knowledge from the judges im surprised it wouldn’t end in a mis trial. I sure you can find some one in that judges family that downloads music. I would play as dirty as i could cause what there doing to you is rotten.

By: David Greenberg

David Greenberg — Tue, 28 Jul 2009 13:04:07 +0000

Hi Joel,

I hope all goes well in court this week. What the RIAA is doing to you is criminal. I would understand if they asked for a token $100 fine from a fairly determined group of people, with appropriate measures for recourse. This, however, is malicious. Taking your numbers, 40000 people, each settling for $3000, the RIAA would have already collected $120000000 (that’s $120 million). Suppose they only collected $60 million of that after legal fees, collection costs, etc. Your $4.5 million, while significant, is not the overwhelming factor here. They are making you into both an example and a martyr. Beyond ruining your financial future, what will they accomplish? File sharing has begun to fall by the wayside in recent years. The availability of high quality media for free or near free online, legally, has boomed. The RIAA is missing the boat. Consumers will follow whatever reliable means they have of obtaining products for a low cost. File sharing is no longer reliable, but there are other means, profitable to the industry, that consumers are flocking to (iTunes, for instance). By pursuing this case and alienating their target consumer base, the RIAA is doing irreparable damage to themselves.

You and I do not always see eye-to-eye, but on this matter, we are agreed. Not only should you win this case, but there should be legal recourse for you to go after the RIAA for maliciously dragging you into this law suit. Unfortunately, I fear that your case is much stronger in the court of public opinion than in that of law. It is a good thing that Prof. Nesson has taken the case. The fourth amendment argument was a good one; it shows just how removed the legal system is from technology.

I wish the best to you and your family.

-David Greenberg