alt Hacker NewsSome of us are old enough to remember when the RIAA sued children for downloading Metallica albums on filesharing networks. They sued for $100,000 per song, an absurd amount when you consider that even stealing a physical album would amount only to around $1 per song. What was bizarre was that courts took the figure seriously, even if they typically settled cases for around $3,000, still around 30x actual damages. The legal maximum was $150,000 per infringement: when a staffer leaked an early cut of the Wolverine movie, the studio could only sue for that much.
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At least it brought us some fun Flash animations as a result, in the form of Metallicops.
So, does this mean that people can simply argue in court now (if they were to be prosecuted for downloading media via bittorrent) that it is fair use if they used it to train a local model on their machine?
Sure, but these are BILLIONAIRES. Some of society's most vulnerable members. We need to protect them! The kids can take the hit.
Yeah, but remember how joyful we'd have been if copyright had been this weak in 2003. As long as this flows down to regular people instead of just corps, then copyright won't halt societal development as much as previously anymore. The weakening of copyright is a great thing.
Just step back into space. Pretend you're so high that you can see your own person from outside yourself, like you are the CCTV camera in the corner. Now look at copyright, the law about the restriction of the right to copy to a select group. It's an absurd sight, like a bad trip.
This might be relief, we might hopefully get past copyright and patents and just have innovation free for all.
Those kids should have just pirated all the music they could, turned it into a multi billion dollar business, and had lawyers fight for them in court. As long as enough money is involved you can just about anything you want.
Stupid kids
Your memory may be failing you. The "maxima" you cite still exist, but they are merely statutory damages provisions. In other words, the plaintiffs can obtain such damages without proof of actual loss, i.e. strict liability. If the plaintiffs succeed in pricing actual damages beyond this level, they can obtain them.
You are off a bit on the numbers. First, though, the RIAA suits were not for downloading. The suits were for distribution.
Here is how their enforcement actions generally went.
1. They would initially send a letter asking for around $3 per song that was being shared, threatening to sue if not paid. This typically came to a total in the $2-3k range. There were a few where the initial request was for much more such as when the person was accused of an unusually high volume of intentional distribution. But for the vast majority of people who were running file sharing apps in order to get more music for themselves rather than because they wanted to distribute music it averaged in that $2-3k range.
2. If they could not come to an agreement and actually filed a lawsuit they would pick maybe 10-25 songs out of the list of songs the person was sharing (typically around a thousand) to actually sue over. The range of possible damages in such a suit is $750-30000 per work infringed, with the court (judge and jury) picking the amount [1].
NOTE: it is per "work infringed", not per infringement. The number of infringements will be one of the factors the court will consider when deciding where in that $750-30000 range to go.
3. There would be more settlement offers before the lawsuit actually went to trial. These would almost always be in the $200-300 per song range, which since the lawsuit was only over maybe a dozen or two of the thousand+ songs the person had been sharing usually came out to the same ballpark as the settlement offers before the suit was filed.
Almost everyone settled at that point, because they realized that (1) they had no realistic chance of winning, (2) they had no realistic chance of proving they were were an "innocent infringer", (3) minimal statutory damages then of $750/song x 10-15 songs was more than the settlement offer, and (4) on top of that they would have not only their attorney fees but in copyright suits the loser often has to pay the winner's attorney fees.
4. Less than a dozen cases actually reached trial, and most of those settled during the trial for the same reasons in the above paragraph that most people settled before trial. Those were in the $3-15k range with most being around $5k.
[1] If the defendant can prove they are in "innocent infringer", meaning they didn't know they were infringing and had no reason to know that, then the low end is lowered to $200. If the plaintiff can prove that the infringement was "willful", meaning the defendant knew it was infringement and deliberately did it, the high end is raised to $150k.
Children can commit crimes too.
It's funny, because now in the age of AI, many of the people that support piracy are now trying to stop AI companies from doing the same thing.
Way to leave out context!
By no means were they suing for downloading alone. They were suing for sharing while downloading, and seeding after, and as "early seeders" they helped thousands obtain copies.
Right or wrong, it was absolutely not about just downloading. It wasn't about taking one copy.
In their eyes, it was about copyng then handing out tens of thousands of copies for free.
Again, not saying it was right. However, please don't provide an abridged account, slanted to create a conclusion in the reader.
Remember that Metallica band members played an active driving role in those lawsuits against their own underage fans. It wasn't just the RIAA / record company organizations behaving cruelly, it was Metallica themselves. Fuck Metallica.