Contributed by Organizations or Campuses; Articles, Papers, and Reports; Fair Use; and P2P File Sharing
Court Upholds Sizable File-swapping Fine
| Title: | Court Upholds Sizable File-swapping Fine (ID: CSD4322) | | Author(s): | Declan McCullagh (CNET News.com) | | Origin: | Contributed by Organizations or Campuses (2005) | | Type: | Articles, Papers, and Reports | | Abstract: | An appeals court has upheld a federal court ruling against a woman who had been sued by the Recording Industry Association of America (RIAA) for illegally trading music files. The RIAA initially offered Cecilia Gonzalez a settlement of about $3,500, which she rejected, and at her trial, a federal judge ruled in favor of the RIAA. In her appeal, Gonzalez argued that she had only downloaded songs with the intention of "sampling" them to decide if she wanted to purchase them and that this activity was protected under fair use. Gonzalez's computer contained at least 1,370 songs that she had downloaded. The three-judge appeals court rejected her argument and ordered Gonzalez to pay a fine of $22,500. In its opinion, the court compared her defense to a "thief's contention that he shoplifted 'only 30' compact discs, planning to listen to them at home and pay later for any he liked." The ruling gives the recording industry an appellate-court victory that--while only a formal precedent in Illinois, Indiana, and Wisconsin--is likely to bolster its legal efforts to curb illegal file trading. | | View this resource: | |
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