Do You Download Music Over A File-Sharing Network?
It can be estimated that millions of people around the world share music over a file-sharing network. This article, I speak to the issue in America mainly because I am not aware of the laws of other countries. Do you think that illegal file-sharing networks to download music? What about the music you already own? An important recent court decisions answer these questions directly, and it may be that surprised.
In recent years, the United States Court of Appeals for the Seventh Circuit heard a case against a Chicago woman, Cecilia Gonzalez. Many of the applicant, including BMG, Sony and others brought the case against him. Gonzalez allegedly downloaded more than 1,000 songs through Kazaa while acknowledged that only a 30th Keep in mind that number, 30 Many, if not just about people who download files from a file-sharing network is not available in a file. Thirty minutes a picture can not think for one hour. Indeed, it was alleged that Gonzalez 1370 downloaded songs only a few weeks, which is on average 65 songs a day.
If caught, with thirty songs to download a file-sharing network, what would the defense be? Let’s look at two specific common defense and I can see that the judge did not respond. I have selected two that I feel are most common defense, not only will it appear in the court case mentioned earlier, but many others who have surveyed try to use them as protection.
First Defense: I just try the songs to see if I liked them, and then I planned to buy the liked and delete them, I do not. (Simplified: try-before-you-buy)
Eastbrook judge, one of the judges hearing the case, Gonzalez pointed out that this protection is not valid because it was one of the many way to listen to music before buying. Eastbrook s iTunes, radio, Internet radio, Yahoo! The music is a legitimate way, and others try before purchase. If this is your defense, you lose.
econd Defense: I only download music that I already own.
This seems like a great defense, at the beginning. You already have the music and the law allows for a backup. Ah, but here, where going to the south. Download music, which in itself is not considered fair use under United States copyright law and the application, so the copyright infringement. See UMG Recordings Inc. v. MP3.com, Inc., 92 F. Supp. 2d 349th.
In addition, the try-before-you-buy scenario really blown away by the fact that they no longer need to purchase a whole CD. iTunes really helped to change the legal arena in this regard, because the user of the two sample songs and purchase their own leisure in a song. The ability to purchase single songs, the big one.
Ultimately, Gonzalez lost the case. The thirty songs that would have cost $ 29.70 at iTunes and at the end of more than $ 22,500 in damages for her to imagine what would happen if the applicant has also fought the decision all the 1370 songs. He had the opportunity to settle $ 3500 in court, which has fallen another bad decision. The downloaded music from file sharing networks and are caught, what are the defenders?
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