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(Rolling Stone) Cool Woman who was convicted of stealing music from Richard Marx and Moby is defending by Richard Marx and Moby   (rollingstone.com) divider line 69
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TeddyBallGame [TotalFark] 2009-06-25 09:01:37 AM  
Richard Marx statements were... farking profound. Good for him. He might be a footnote on the pages of music history, but damn, he earned a ton of respect from me right there.

 
Last One Left [TotalFark] 2009-06-25 09:06:59 AM  
I have also always, however, been sympathetic to the average music fan, who has been consistently financially abused by the greedy actions of major labels

If only there was a political philosophy that criticized "capitalism" like this...

/seriously, Richard Marx is cool

 
Bored Horde 2009-06-25 09:12:14 AM  
2 million dollars for 2 CDs worth of music? The judge should be stripped of their legal credentials and set to work picking up trash in parks.

 
Beatle_Matt [TotalFark] 2009-06-25 09:12:47 AM  
"defended"

Last One Left: I have also always, however, been sympathetic to the average music fan, who has been consistently financially abused by the greedy actions of major labels

If only there was a political philosophy that criticized "capitalism" like this...

/seriously, Richard Marx is cool


Yes, we should all live by the ideals that this Marx fellow sets forth, comrade!!

 
DistendedPendulusFrenulum 2009-06-25 09:16:55 AM  
Yesterday I am biting by a dog. But, I am strong like Russian Bear, so I am not to the dying. You see, my leg, he still move. So the dog he must me biting again. After that, I am still not the real dead, because I am strong like Russian Bear. So then, he the dog must me shooting. After that, I am the dead

.

 
Last One Left [TotalFark] 2009-06-25 09:19:43 AM  
Beatle_Matt: Yes, we should all live by the ideals that this Marx fellow sets forth, comrade!!

The proletariat will be right here waiting for you.

 
WaltzingMathilda [TotalFark] 2009-06-25 09:19:49 AM  
Bored Horde: 2 million dollars for 2 CDs worth of music? The judge should be stripped of their legal credentials and set to work picking up trash in parks.

I don't believe it is the judge's fault the law allows for, what, $150,000 in damages per download? Direct your anger appropriately.

 
notmtwain [TotalFark] 2009-06-25 09:34:31 AM  
Bored Horde: 2 million dollars for 2 CDs worth of music? The judge should be stripped of their legal credentials and set to work picking up trash in parks.

First, the award was made by a jury, not by a judge. Blame your fellow citizens.

Second, she had the files available for sharing. Who knows how many millions of copies were the result of her demon spawn?

Third, she swapped out her hard drive when she was sued and then surrendered the new one, claiming innocence. This may have increased the award.

I do agree the amount of the award seems ridiculous but the jury may have tried to "send a message" since they probably knew she could and would never pay a fine of more than $50.

 
Bored Horde 2009-06-25 09:35:01 AM  
WaltzingMathilda: I don't believe it is the judge's fault the law allows for, what, $150,000 in damages per download? Direct your anger appropriately.

The judge decided the amount. The law is borked too, but the judge decided to go overboard. Maybe they're trying to pass this case along to a higher court so the law can get overruled.

 
Beatle_Matt [TotalFark] 2009-06-25 09:35:12 AM  
Last One Left: Beatle_Matt: Yes, we should all live by the ideals that this Marx fellow sets forth, comrade!!

The proletariat will be right here waiting for you.


media.rd.com

Well played

 
lunchinlewis [TotalFark] 2009-06-25 09:35:47 AM  
And thus the seventh seal was broken.

 
WaltzingMathilda [TotalFark] 2009-06-25 09:44:37 AM  
Bored Horde: WaltzingMathilda: I don't believe it is the judge's fault the law allows for, what, $150,000 in damages per download? Direct your anger appropriately.

The judge decided the amount. The law is borked too, but the judge decided to go overboard. Maybe they're trying to pass this case along to a higher court so the law can get overruled.


I don't know what the minimums are, but I'm pretty sure he went very low considering the cap is almost double what he ruled. Do you know if there is a minimum? I'm doubting he could do $5 per download, maybe I'm wrong. In many instances, a judge's hands are tied, regardless of his personal beliefs.

 
Walker [TotalFark] 2009-06-25 10:18:16 AM  
Is defending? Rarely is the question asked, is our children learning?

 
palladiate [TotalFark] 2009-06-25 10:18:33 AM  
WaltzingMathilda: Bored Horde: WaltzingMathilda: I don't believe it is the judge's fault the law allows for, what, $150,000 in damages per download? Direct your anger appropriately.

The judge decided the amount. The law is borked too, but the judge decided to go overboard. Maybe they're trying to pass this case along to a higher court so the law can get overruled.

I don't know what the minimums are, but I'm pretty sure he went very low considering the cap is almost double what he ruled. Do you know if there is a minimum? I'm doubting he could do $5 per download, maybe I'm wrong. In many instances, a judge's hands are tied, regardless of his personal beliefs.


I do believe it's around $30,000 minimum. That may be per upload. I think the situation of "make available" is far more.

 
notmtwain [TotalFark] 2009-06-25 10:24:20 AM  
Bored Horde: WaltzingMathilda: I don't believe it is the judge's fault the law allows for, what, $150,000 in damages per download? Direct your anger appropriately.

The judge decided the amount. The law is borked too, but the judge decided to go overboard. Maybe they're trying to pass this case along to a higher court so the law can get overruled.


The judge didn't decide. This was a jury award.

 
WaltzingMathilda [TotalFark] 2009-06-25 10:29:20 AM  
notmtwain: Bored Horde: WaltzingMathilda: I don't believe it is the judge's fault the law allows for, what, $150,000 in damages per download? Direct your anger appropriately.

The judge decided the amount. The law is borked too, but the judge decided to go overboard. Maybe they're trying to pass this case along to a higher court so the law can get overruled.

The judge didn't decide. This was a jury award.


don't judges have the discretion to reduce excessive jury awards? i'm not entirely sure about that as i don't do civil litigation practice anymore, and never had a reduction myself. either way, my point in the beginning was merely that the law itself permits a very high number per song, and this judgment was basically half that, so i have no problem with the judge. the law sucks though.

 
impaler [TotalFark] 2009-06-25 11:53:32 AM  
US Constitution, Section 8, paragraph 8:
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

Limited times, so the authors wouldn't rest on their laurels with a perpetual monopoly on a successful product.

Of course Disney changed that, who think "limited time" is "forever minus a day." Which is itself a major logical fail. Infinity - 1 = infinity.

 
impaler [TotalFark] 2009-06-25 11:54:39 AM  
Should have added: Limited times, so the authors wouldn't rest on their laurels with a perpetual monopoly on a successful product, which does NOT promote the Progress of Science and useful Arts.

 
SchlingFocker [TotalFark] 2009-06-25 12:05:27 PM  
WaltzingMathilda: I don't believe it is the judge's fault the law allows for, what, $150,000 in damages per download? Direct your anger appropriately.

If only judges were able to exercise discretion in the penalties assigned. Perhaps, this discretion could be called "judgment".

Oh, wait...... They can. That judge could've knocked the award down as low as he liked.

He displayed piss-poor judgment.

 
WaltzingMathilda [TotalFark] 2009-06-25 12:07:13 PM  
SchlingFocker: WaltzingMathilda: I don't believe it is the judge's fault the law allows for, what, $150,000 in damages per download? Direct your anger appropriately.

If only judges were able to exercise discretion in the penalties assigned. Perhaps, this discretion could be called "judgment".

Oh, wait...... They can. That judge could've knocked the award down as low as he liked.

He displayed piss-poor judgment.


if only you had read the rest of my comments in the thread. if only. then maybe you would direct your snark appropriately.

 
impaler [TotalFark] 2009-06-25 12:10:07 PM  
WaltzingMathilda: then maybe you would direct your snark appropriately

I believe his 'snark' was directed at the judge.

 
impaler [TotalFark] 2009-06-25 12:10:42 PM  
I.e. sometimes people quote others as a launching point for a rant.

 
WaltzingMathilda [TotalFark] 2009-06-25 12:13:08 PM  
impaler: WaltzingMathilda: then maybe you would direct your snark appropriately

I believe his 'snark' was directed at the judge.


we covered exactly what he was talking about though. and i don't think he could lower the damages as low as he liked. the judge's "discretion" is in how to apply the law, not his feelings. the law says the damages could have been twice as much as what was awarded, so his discretion probably was that this application of the law was reasonable. also, as i said, i don't think he would have honored his duty to uphold the law if he had said damages were $5.

 
WaltzingMathilda [TotalFark] 2009-06-25 12:15:46 PM  
impaler: I.e. sometimes people quote others as a launching point for a rant.

perhaps that happened in this case. perhaps not.

 
Ryan2065 2009-06-25 12:32:32 PM  
WaltzingMathilda: I don't know what the minimums are, but I'm pretty sure he went very low considering the cap is almost double what he ruled.

The previous jury gave the RIAA a $222,000 judgment, it could have been lower.

 
vernonFL [TotalFark] 2009-06-25 12:46:24 PM  
Bored Horde: 2 million dollars for 2 CDs worth of music? The judge should be stripped of their legal credentials and set to work picking up trash in parks.

This.

Or, if the judge had no choice and was forced to do it under
some stupid mandatory law, the judge should resign.

 
mhd 2009-06-25 12:49:16 PM  
Yeah, like I'm gonna listen to what a murderer has to say. He killed Mary!

 
Valdes 2009-06-25 12:49:30 PM  
English am hard.

 
Ponzholio 2009-06-25 12:57:08 PM  
So Marx is telling people ashamed of Capitol records?

/good for him

 
Farkomatic 2009-06-25 01:30:21 PM  
Can someone please interpret that headline for me? I hate to be a grammar nazi, but that headlined was butchered.

 
Martstar 2009-06-25 01:35:12 PM  
I was hoping that at least one of them (Marx or Moby) would offer to throw down some cash on the settlement. I know it's not their fault by any means, but it would definitely send a clear message that the artists are not the ones supporting these outrageous lawsuits. Or maybe hold a benefit concert or something. I would love to see the mingling of Richard Marx fans w/Moby fans....

/Strange musical/legal bedfellows the likes of which have not been seen since Frank Zappa, John Denver, and Dee Snider testified in the PMRC hearings....

 
Glitchwerks 2009-06-25 01:35:15 PM  
Farkomatic: Can someone please interpret that headline for me? I hate to be a grammar nazi, but that headlined was butchered.

Hey, Fark is just outsourcing moderators like every other business in this country. Sometimes their English isn't so good.

 
LewDux 2009-06-25 02:17:53 PM  
Last One Left: I have also always, however, been sympathetic to the average music fan, who has been consistently financially abused by the greedy actions of major labels

If only there was a political philosophy that criticized "capitalism" like this...

/seriously, Richard Marx is cool


Engels are are my witness, I LMAO'ed.

I hope this decision will be Lenin experience for her. In general authorities should stop Putin up with this kind of behavior, quit Stalin and Krushchev those filthy lumpenproletarians.

 
MCM 2009-06-25 02:35:11 PM  
How much would someone get fined if they just went out and stole two CDs?

 
BobNesta420 2009-06-25 02:45:12 PM  
Isn't it punishment enough that everybody now knows this woman likes Richard Marx's music?

Though, after reading his response to this verdict, I do have a great deal of new found respect for the guy.

 
Baumer 2009-06-25 02:45:45 PM  
I'm just gonna put this out there: "Now and Forever" is a great song. Cheesy, but great. "God Moving Over the Face of the Waters" is also fantastic.

 
PC LOAD LETTER [TotalFark] 2009-06-25 02:47:04 PM  
Seriously, can we start putting RIAA and their lawyer's heads on pikes? Now THAT is a warning to others.

 
kennedy311 2009-06-25 02:57:57 PM  
Baumer: I'm just gonna put this out there: "Now and Forever" is a great song. Cheesy, but great. "God Moving Over the Face of the Waters" is also fantastic.

I always have seven minutes to sit and listen to that song.

 
TonySoprano 2009-06-25 03:03:04 PM  
At that rate, you could pay off the national debt with the fees I would recieve if caught :) SUCK MY D*CK RIAA!

 
dstanley 2009-06-25 03:14:37 PM  
Marx and Moby

I read that as Max and Ruby.

 
Baumer 2009-06-25 03:18:15 PM  
kennedy311: Baumer: I'm just gonna put this out there: "Now and Forever" is a great song. Cheesy, but great. "God Moving Over the Face of the Waters" is also fantastic.

I always have seven minutes to sit and listen to that song.


I'll stay in my car for the rest of that song if it comes up on the play list. It's especially relaxing during Florida storms.

 
TeddyBallGame [TotalFark] 2009-06-25 03:25:09 PM  
dstanley: Marx and Moby

I read that as Max and Ruby.


LOL! Nice! Where are their farking parents anyway?

 
Midnight Rambler 2009-06-25 04:01:43 PM  
A chance to share my Richard Marx story...

In college I was in a Music Theory class and one day the prof came in and announced that we had a special guest.

Out walks Richard Marx. This was in '88 when he was huge. Turns out the prof was lifelong friends with Richard's dad, Dick Marx, and asked him to come by and do a Q and A with the class.

We were a small class and basically just sat around in a circle talking about the music business.

He was very cool.

 
in a landscape 2009-06-25 04:06:36 PM  
That's great and all, but the real tragedy is that someone out there is still using Kazaa.

 
MysticSavage 2009-06-25 04:15:52 PM  
Midnight Rambler

How'd you guys have room in your class for his hair?

/Now that was a mullet!!

 
Glitchwerks 2009-06-25 04:17:18 PM  
in a landscape: That's great and all, but the real tragedy is that someone out there is still using Kazaa.

Generally I've found there's a sort of snob scale for pirates.

Kazaa users
There are of course the Usenet users, but I haven't where they fit in.

Most of the TPB and Demonoid users are very uninformed about the private sites, but will exclaim their sites to be the best of the best. Most private site users stick to rules number 1 and 2 and do not talk about Fight Club. Usenet users like to exclaim that they lord over everything.

From my viewpoint, the private sites are the best place to be, due to the fact they actually strive to have a community. This is, of course, very hard for Kazaa and TPB people to understand.

Soulseek users are just dicks.

 
Glitchwerks 2009-06-25 04:19:23 PM  
Glitchwerks: Kazaa users


Wow, bad edit.

Kazaa users
Soulseek users
The Pirate Bay users
Demonoid Users
L33T private site users

the worst to the best.

 
Midnight Rambler 2009-06-25 04:20:47 PM  
MysticSavage: Midnight Rambler

How'd you guys have room in your class for his hair?

/Now that was a mullet!!


True! I think he originated the bouffant-mullet.

 
MmmBadEggs 2009-06-25 04:21:55 PM  
"I'm so sorry that any music fan anywhere is ever made to feel bad for making the effort to listen to music."

I can't stand Moby, but he's fu*king dead-on right there.

 
WhyteRaven74 [TotalFark] 2009-06-25 05:09:39 PM  
Interesting, by saying they in effect don't care and indeed are defending the woman, it might set up an appeal. After all, if they don't mind what the woman did, then it very well isn't infringement in their eyes, and they have the copyrights to the songs not the RIAA.

 
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