Register Guidelines E-Books Search Today's Posts Mark Forums Read

Go Back   MobileRead Forums > Miscellaneous > Lounge

Notices

Reply
 
Thread Tools Search this Thread
Old 11-30-2010, 04:10 AM   #1
Fbone
Is that a sandwich?
Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.Fbone ought to be getting tired of karma fortunes by now.
 
Fbone's Avatar
 
Posts: 5,238
Karma: 67679141
Join Date: Jun 2010
Device: Searching ...
Supreme Court decides 16 year olds understand copyright law

The Supreme Court refused to hear the case of a then 16yo who was trying to use the "innocent infringement" defense in order to have her fine lowered.

http://online.wsj.com/article/SB1000...726717900.html

http://www.chron.com/disp/story.mpl/...s/7316603.html

Last edited by Fbone; 11-30-2010 at 04:12 AM.
Fbone is offline   Reply With Quote
Old 11-30-2010, 08:21 AM   #2
astrangerhere
Professor of Law
astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.astrangerhere ought to be getting tired of karma fortunes by now.
 
astrangerhere's Avatar
 
Posts: 916
Karma: 10303966
Join Date: Sep 2010
Location: Chapel Hill / Charlotte, NC
Device: Kobo Aura HD, NookSTR, KoboMini
I am unsurprised by this given that a 16 year old can be tried as an adult in criminal court. They didnt set a new precedent that teens can understand enough to know they are breaking the law. They just upheld one that has been around for a while.
astrangerhere is offline   Reply With Quote
Old 11-30-2010, 07:03 PM   #3
6charlong
friendly lurker
6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.6charlong ought to be getting tired of karma fortunes by now.
 
6charlong's Avatar
 
Posts: 867
Karma: 2430036
Join Date: Apr 2007
Location: US
Device: Kindle, nook, Apple and Kobo
Supreme Court decides 16 year olds understand copyright law

Quote:
Originally Posted by Fbone View Post
The Supreme Court refused to hear the case of a then 16yo who was trying to use the "innocent infringement" defense in order to have her fine lowered.

http://online.wsj.com/article/SB1000...726717900.html

http://www.chron.com/disp/story.mpl/...s/7316603.html
Oh that's what's wrong! I've been trying for years to make sense out of the copyright laws. I just need to find a 16 year old to explain it to me.
6charlong is offline   Reply With Quote
Old 12-02-2010, 12:07 PM   #4
Musette
Enthusiast
Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.
 
Posts: 25
Karma: 15000
Join Date: Jul 2010
Location: Midwest USA
Device: Aluartek Libre Pro
I've read a couple of cases like this over the past few years, but I'm still missing something crucial... are they seriously prosecuting individuals for illegal downloading?
Musette is offline   Reply With Quote
Old 12-02-2010, 12:11 PM   #5
HarryT
eBook Enthusiast
HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.
 
HarryT's Avatar
 
Posts: 63,218
Karma: 41342649
Join Date: Nov 2006
Location: UK
Device: PW2, iPad Retina Mini, iPhone 4, MS Surface Pro, Onyx T68, N7,
Quote:
Originally Posted by Musette View Post
I've read a couple of cases like this over the past few years, but I'm still missing something crucial... are they seriously prosecuting individuals for illegal downloading?
If an individual has broken the law, why should he or she not be prosecuted? A 16 year old can reasonably be considered to know the difference between right and wrong.
HarryT is offline   Reply With Quote
Old 12-02-2010, 12:19 PM   #6
happy_terd
Banned
happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.happy_terd ought to be getting tired of karma fortunes by now.
 
Posts: 13,048
Karma: 10105011
Join Date: Jan 2010
Location: Finally made it to Walmart.
Device: PRS 420
Then why must we house them until they are 18?



----------

Sure they understand the law. They also know not to do countless other stupid things that they still do because they are kids.

How many times have we done things that we knew we shouldnt do when we were teenagers?

I am not saying there shouldnt be a punishment of some kind but there is a difference between the ages and that should matter.

No one thinks twice about a 16 year old getting caught shoplifting but a 40 year old doing it raises eyebrows. One we consider a stupid kid and the other we consider a thief.
happy_terd is offline   Reply With Quote
Old 12-02-2010, 12:42 PM   #7
Musette
Enthusiast
Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.Musette is as sexy as a twisted cruller doughtnut.
 
Posts: 25
Karma: 15000
Join Date: Jul 2010
Location: Midwest USA
Device: Aluartek Libre Pro
Quote:
Originally Posted by HarryT View Post
If an individual has broken the law, why should he or she not be prosecuted? A 16 year old can reasonably be considered to know the difference between right and wrong.

I'm not saying they shouldn't. It just seems to me like they're only finding out about one downloader at a time, but that can't be the case, is it? I'm going to do some more research on this.
Musette is offline   Reply With Quote
Old 12-02-2010, 12:50 PM   #8
HarryT
eBook Enthusiast
HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.HarryT ought to be getting tired of karma fortunes by now.
 
HarryT's Avatar
 
Posts: 63,218
Karma: 41342649
Join Date: Nov 2006
Location: UK
Device: PW2, iPad Retina Mini, iPhone 4, MS Surface Pro, Onyx T68, N7,
I understand that the record companies are no longer going after individuals; but this is a 6 year old lawsuit. It does seem a little strange that it's gone this far - does anyone know if the girl involved was offered an out-of-court settlement and refused it? That seems to be what generally happens in these cases.
HarryT is offline   Reply With Quote
Old 12-02-2010, 12:54 PM   #9
taming
Trying for calm & polite
taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.
 
taming's Avatar
 
Posts: 4,006
Karma: 9455193
Join Date: May 2010
Location: Mostly in Canada
Device: kobo original, WiFI, Touch, Glo, and Aura
The Supreme Court doesn't look at a particular plaintiff, but rather looks at, and in some cases interprets, the merits of the case given the laws that govern the situation. It's part of that pesky three tier division of powers between the courts, the executive, and legislative branches of government. The solution (which won't help this person) is to change the law.

What struck me is how mean spirited the media companies are in cases like this. They could have accepted the lower court's ruling to decrease the fine to $200, rather than appeal. The issue the Supreme Court looked at was actually whether the appellate court's decision to grant the appeal was lawful.

(I may live in Canada now, but I spent 48 years in the US)
taming is offline   Reply With Quote
Old 12-02-2010, 01:10 PM   #10
pdurrant
The Grand Mouse
pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.
 
pdurrant's Avatar
 
Posts: 31,373
Karma: 86545182
Join Date: Jul 2007
Location: Norfolk, England
Device: NOOK ST GlowLight
Quote:
Originally Posted by Musette View Post
I've read a couple of cases like this over the past few years, but I'm still missing something crucial... are they seriously prosecuting individuals for illegal downloading?
No. They downloaded them with torrent software, which also automatically made the downloaded material available to others. They're being prosecuted for distributing the songs to others. Well, for "making available" — I don't think they even have to prove that the songs were actually distributed to anyone.
pdurrant is offline   Reply With Quote
Old 12-02-2010, 01:13 PM   #11
pdurrant
The Grand Mouse
pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.pdurrant ought to be getting tired of karma fortunes by now.
 
pdurrant's Avatar
 
Posts: 31,373
Karma: 86545182
Join Date: Jul 2007
Location: Norfolk, England
Device: NOOK ST GlowLight
Quote:
Originally Posted by taming View Post
What struck me is how mean spirited the media companies are in cases like this. They could have accepted the lower court's ruling to decrease the fine to $200, rather than appeal. The issue the Supreme Court looked at was actually whether the appellate court's decision to grant the appeal was lawful.
I thought that in this case the defendant appealed the judgement, not the record companies?

And it's not a $200 fine. It's $200 per song. 37 IIRC, making the original judgement for $7400, and the new judgement ($750/song) $27,750.

It's certainly disproportionate.
pdurrant is offline   Reply With Quote
Old 12-02-2010, 01:28 PM   #12
taming
Trying for calm & polite
taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.taming ought to be getting tired of karma fortunes by now.
 
taming's Avatar
 
Posts: 4,006
Karma: 9455193
Join Date: May 2010
Location: Mostly in Canada
Device: kobo original, WiFI, Touch, Glo, and Aura
I was aware that it was per song. I should have been more clear. My understanding is that the first court reduced the fine to $200 per. The media companies appealed to the fifth circuit court of appeals, which sided with them and the fine was restored to $750. The attorneys for the young woman then asked the Supremes to consider the case--and they declined it, thus letting the decision by the appellate court stand.
taming is offline   Reply With Quote
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
Canadian Copyright Law Ralph Sir Edward Upload Help 4 10-05-2012 04:59 PM
HELP - 30 minute presentation to 16 year olds on ebooks AndiR Lounge 22 04-24-2009 03:37 PM
US Supreme Court mentions Kindle Madam Broshkina Amazon Kindle 9 03-26-2009 10:30 AM
getting around copyright law sic Workshop 2 12-08-2006 03:56 PM
Supreme Court Rules Against Grokster Bob Russell Lounge 2 06-28-2005 01:16 AM


All times are GMT -4. The time now is 08:28 PM.


MobileRead.com is a privately owned, operated and funded community.