3.5 — the RIAA’s ‘magic number’

p2pnet news | RIAA News:- “Paul Rapp, a Massachusetts lawyer, said most families pay the pre-settlement because of the ‘magic number.’ At about $3,500, it’s perfectly positioned to inflict pain, yet it’s a bargain compared with a trial.”
Actually, most families do nothing of the sort, and far from being a “bargain,” $3,500 is outright, US-government-sanctioned, extortion, and most of the 30,000 or so American families on the Warner Music, EMI, Vivendi Universal and Sony BMG attack list can’t afford to pay $3.5K, either, or anywhere near it.
The Big 4, the multi-billion-dollar dinosaurs which in 2008 rule the corporate music industry, are slowly but surely erasing what little goodwill they’ve been able to retain after robbing their own customers and artists blind for decades.
“I’m on welfare,” said Howell, a part-time cab driver quoted in the East Valley Tribune who, “recorded hundreds of songs onto his computer and downloaded them onto his MP3 player so he could listen to them during his shifts.”
“They have janitors who make more than I do,” he went on. “What’s the use of suing someone with no money? They`re going after people who can`t defend themselves.”
Howell is the Jeffrey Howell who’s resisting all efforts by the Big 4′s RIAA (Recording Industry Association of America) to hang him out to dry for allegedly sharing copyrighted music files online.
His case has attracted international attention, as well as creating an on- and offline media uproar with RIAA boss Carey Sherman trying to excuse a potentially devastating (for the RIAA) blunder by a Sony lawyer, giving evidence in the one and only case which has so far reached a jury, as mere ‘misspeaking’.
Rapp is quoted in the Syracuse Post-Standard and he practices in New York as well as Massachusetts .
Interestingly, he’s also a musician with his own band and as such, is probably one of the few lawyers with a genuinely intimate knowledge of what’s going down in the world of online music.
“I was at the Future of Music conference this fall,” he posts on Rapp on this, “and one of the speakers said, ‘Let`s face it, payment for music these days is entirely voluntary’.
He goes on:
And she was pretty much right. Thirty thousand lawsuits by the music industry against its core customers notwithstanding, you can find whatever you want for free on the Internet, or just cop a file from a friend, or, if you`re in a real pinch, you can buy the damn song. Music wants to be free, and music gets what it wants. And no amount of huffing, puffing, or litigating or legislating is going to change that. The era of Big Music is just about over. And you know what? More music is being made now than ever before in the history of the human race. And, like always, some of it is real good.
Rapp shows up in the Syracuse-Standard in a story featuring another RIAA victim, this time a student, Kasey Brooks, 20, a sophomore at Morrisville State College in New York.
“At first, she didn’t believe the letter,” says the story, going on:
“It said she had illegally shared 10 songs on the Internet last February and she was in big trouble. The Recording Industry Association of America intended to sue her.
“Then came the limited-time offer:
“Pay $3,600 in the next 20 days, and her problem would go away.”
“I was distraught, and I didn’t know what was going on,” said Kasey Brooks, 20, a sophomore at Morrisville State College in New York. “Now, though, it really seems like people have been trying to intimidate me.”
“Seems like” is entirely the wrong phrase because that’s exactly what the RIAA is doing —- threatening very ordinary people with very ordinary incomes with civil legal procedures its bosses, Warner Music, EMI, Vivendi Universal and Sony BMG, know full well their victims won’t be able to contest.
The relatively few innocent people who do somehow manage to scrape together enough money to buy the RIAA attack dogs off do so not because they’re admitting any kind of ‘guilt,’ but because they’d rather do that than risk being ordered to pay hundreds of thousands of dollars, like Minnesota mother Jammie Thomas.
Says Brooks in the Syracuse-Standard, she and her friends have stopped downloading but, “I think they’re just looking for the way around it,” Brooks added. “And once they find the way – I mean, everyone’s going to find a way – then they’ll do it all they want.”
In the east Vallye Tribune, Howell, “contends lawyers and recording companies are trying to make up the rules for copying music as they progress through the courts and are trying to play out the theme of a song he is accused of illegally sharing – ‘Money for Nothing‘ by Dire Straits [pic].”
“I’ve spent a lot of time reading the fine print on the Internet regarding this stuff,” Howell declares, adding:
“I never used to need reading glasses. This is stressful. I can’t sleep. I used to spend a lot of time on the computer – now I want to quit the Internet and not get on the computer anymore,” he said.
Recently, I posted a p2pnet spoof in which I had RIAA staff people staging a sudden mass walk-out because, “We no longer believe threats, government sanctioned extortion and legal blackmail are the way to go …”
But really —- how do they sleep at night?
Jon Newton – p2pnet
Also see:
Syracuse Post-Standard – The upshot of downloading, December 23, 2007
East Valley Tribune – Cabby takes on record industry over copying, January 6, 2008
media uproar – RIAA: copying your CD is illegalDecember 29, 2007
potentially devastating – RIAA ‘misspeaks’ itself: Jammie Thomas case, January 5, 2008
genuinely intimate knowledge – File sharing is NOT a crime!, August 17, 2005
Jammie Thomas – RIAA ‘misspeaks’ itself: Jammie Thomas case, January 5, 2007
p2pnet spoof – RIAA staffers in mass walk-out, January 3, 2007
Subscribe
to p2pnet.net | | rss feed: http://p2pnet.net/p2p.rss | | Mobile – http://p2pnet.net/index-wml.phpNet access blocked by government restrictions? Use Psiphon from the Citizen Lab at the University of Toronto. Go here for details. Download here.






January 7th, 2008 at 5:41 pm
Why can’t the people prove RIAA has shit evidence and use that proof to launch a class-action against them?
January 7th, 2008 at 6:50 pm
30,000 customers that we told the others about the RIAA, 30,000 bad rep, considering that when people want to praise a company they tell one or two of their friend while when they are pissed -off they tell 8.
Calculating: 8X30000=24000 seed that will tell the others to boycott.
Thank yuou RIAA for this great advertising campain! The Boycott is really pounding them.
Time Warner is sinking, EMI is embarking water faster than they can pump out, Sony/BMG is drifting and tilted on the side with a fire on board! Soon they will be nothing left of these evil corporations and their world wide conspiracy!
THIS IS SUPERB!!!!!
January 7th, 2008 at 7:28 pm
In sweden (and probably more places) i pay special tax on CD/DVDs. I cant make sure who gets the money, all i know is that im paying tax for artists, or should we say record labels not artists..
Since im paying the tax, i have a right to the content imo. Soon we might have other taxes aswell on internet connections, media players even portable MP3 players gets taxed..
Wheres the content? hell ill just go to the pirate bay or a private site with good tunes, im paying tax afterall and its fast, easy and NOT bulky..
Anyone have any idea where these taxes go to? I dont even buy empty CDs anymore cause their a hassle, takes time to burn and bulky to bring around.
I just buy new harddrives and fill them up instead, use flash sticks and portable MP3 players..
To be honest, i kinda got bored with music.. I used to have a gigantic collection with covers for almost everything, then it just stopped..
Nowadays i only use internet radio, think i got like 50 songs or something left..
Music aint good anymore, its all the same just look at:
Rap songs: crack, hore, bitch, suck, lick, slap, doggy, ass, fuck, nigger, [insert random drugs]
Techno: boiioioiioiioioioioiooioioieeeeeeeeioioioiioeeeeeepfht bom boiiioioiioiioioioio
Death metal: AAAGAAARARARHGARGARH UUUUUGRHGAHRAHRGGRGRRRRARGH UUUUARGAAGARGAHRAHhhh
Hardcore: PFUMTEPFUMTEPFUMTEPFUMTEPFUMPFUMTETETEPFUMTEPFUMTEPFUMTEPFUMPFUMTETETEPFUMTEPFUMTE
Same shit as 20 years ago… the songs have grinded tracks in my head and i can turn them on by command and listnen to a new song that sounds just like another one i heard a few seconds earlier..
Agree or disagree, i dont care neither do you!
January 7th, 2008 at 7:37 pm
I think my point was that the record labels do the same songs over and over again, just with a new sexy body and some digital remastering to make the voice sound good..
January 7th, 2008 at 9:24 pm
Is that number not a misprint – she got slammed for sharing 10 songs? If so, that’s a gobsmacker if I ever read one!
January 7th, 2008 at 10:17 pm
I’m glad that the stuff I listen to is mostly video game music and fan remixes of gaming music. The remixes can be gotten legally all over the net, and most of my gaming soundtracks can only be bought from places like ebay or in some cases from friends of mine.
I have no real interest in modern music and I’m glad that there is plenty of safe, legal alternatives to all of this madness.
January 8th, 2008 at 1:36 am
I’m amazed how the industry is crowing it’s defending both itself AND the artist. But are ANY artists actually seeing any of this money? Are ASCAP, BMI, ans SEASAC given lists of songs that are downloaded and later compensated for, so that the artist gets their proper royalties? Rrrright. This is an industry that just 5 years ago was still hitting artists with a “new technology” fee per unit sold to cover the new technology…of CDs, which have been out for 27 years.
January 8th, 2008 at 10:25 am
Let them try and get money from me I’m on SSI, which by law, cannot be garnished.
January 9th, 2008 at 8:52 am
Sweden asks about the tax paid on CDs/DVDs – “Anyone have any idea where these taxes go to?”
The Canadian Gov’t has a website which shows where ours goes:
http://www.music.gc.ca/flash/enreg_copie_e.asp
Lots of fingers in the pot, eh?
According to the website of The Canadian Private Copyright Collective:
http://cpcc.ca/english/finHighlights.htm
- they have collected $199 million between 2000 & 2006 and has distributed $122 million (that’s $77 million short) to the other TEN Organizations shown on this chart and I have no stats at my fingertips to find out what all 10 of them have done with any of this money.
Who gets the $122 million?:
NRCC, AVLA, SOPROQ, Acrta-PRS, Artist-i, AFM,SOGEDAM,SODRAC CMRRA,SOCAN before any of it goes to the songwriter, the performers, the puiblisher or the owner of the master recording.
This is MY money out of MY pocket and I don’t record ANY music.