itunes america
Can be estimated that millions of people around the world share music-file
exchange network. For this article, I address the issue on the States States, primarily
because I'm not aware of the laws of other countries. Do you think it is illegal
download music from file sharing networks? What about the music you already own? A
important recent court decision will answer these questions directly and could
be surprised.
Recently the United States Court of Appeals for the Seventh Circuit heard a case
against a Chicago woman, Cecilia Gonzalez. Many applicants as BMG, Sony and
others brought the case against him. Gonzalez allegedly downloaded more than 1,000
songs through KaZaA – although he admitted that only 30. Keep that number in
mind, 30. Many if not most, people who download files through a file-sharing
network does not stop at a file. Thirty files can be reached in minutes to an hour
without thinking. In fact, it was alleged that Gonzalez downloaded 1,370 songs
only a few weeks, a average of 65 songs per day.
If caught downloading where thirty songs in a file-sharing network, which
that his defense be? Let's look two specific common defense and see how a
court might react. I selected two defenders that I think are most common
because they appear only in the court case I mentioned, but many others
I have surveyed would use as their defense.
First Defense: I just was testing the songs to see if I liked
and then planned to buy the one I liked and delete those that do not.
(Simplified: try-before-you-buy)
Eastbrook judge, one of the judges hearing the case of Gonzalez, said that
defense is invalid because there were many ways to listen to music before
purchase. Eastbrook names iTunes, radio, Internet radio, Yahoo Music and others
as ways of dealing legally before purchase. If this was to be his defense, he
lose.
Second Defense: I'm just downloading music and
own.
This looks like a great defense, at first. You already have the music and the law
lets you create a backup. Ah, but here's where it goes south.
Download music already own is not considered fair use under U.S.
Copyright and its action is therefore an infringement of copyright. See UMG
Recordings Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349.
Moreover, the scene of try-before-you-buy is really impressed by the fact that
you no longer need to buy the CD in your whole. iTunes really helped change the legal framework
sand in this regard because a user can both sample songs in his spare time
buy songs individual. The ability to buy single songs is great.
In the end, Gonzalez lost his case. The thirty songs, which would have cost $ 29.70 in
iTunes, will end up costing her $ 22,500 in damage – imagine what it would be if
the plaintiffs had pressed for a decision in every the 1,370 songs. Was given
opportunity to settle for $ 3,500 before going to court, he refused – other
bad decision. If you download music through file sharing networks and are captured,
what will be his legal defense?
Jason A. Martin is a Journalism Major (Political Science minor) and future law school student.
His blog deals with Politics, Media and the Law. You can view it at JasonAMartin.com.
Want to keep up with his latest articles? Subscribe [http://www.jasonamartin.com/subscribe.php] to receive updates!
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