p2pnet - rss feed: Sony takes on two OZ DJs
p2pnet.net News:- Sony the Pure is patting itself on the back for a good job well done in Australia.
In Sony Entertainment (Australia) Limited V Smith, it claimed two Sydney DJs and a CD maker had “reproduced a number of sound recordings on compilation CDs without permission”.
Chris ‘Kross’ Fraser Smith, Tower Records and Peter ‘Peewee’ Ferris had aroused the ire of a whole stream of affronted labels and hangers-on.
Sony was awarded damages “for conversion under s 116 of the Copyright Act, considering that relief under s 115 of the Act was insufficient”.
It also got additional damages for “flagrancy” because, “the respondents had not apologised for their actions, had shown ‘utter contempt’ for the proceedings and had failed to comply with Court orders”.
On top of that, Smith was ordered to pay $300,000 (more than $231,300) in additional damages for sending threatening phone text messages to Universal’s Grant Kearney and Morgan Williams of Central Station.
“The threats were made by Mr Smith and he has a higher degree of culpability than Tower but I reject the submission that Mr Smith made the threats in his personal capacity,” ruled judge J. Jacobson.
“The evidence shows that Mr Smith made the threats to put pressure on Universal and Central Station to grant to Tower licences which those companies were otherwise unwilling to enter into. No one from Tower came forward to disavow the actions of Mr Smith and the SMS messages were sent on Tower’s behalf."
Tower, the recording company that produced the CDs, was ordered to pay $150,000 (almost $115,615) in additional damages. And DJ Peewee Ferris was ordered to pay $50,000 (almost $38,550) in additional damages.
The Court awarded a lump sum assessment of costs, “because of the conduct of the respondents thus far in the proceedings, which indicated that they would be unlikely to attend a taxation hearing, or to assist in making proceedings as expeditious as possible”.
The amount awarded for costs was almost $206,000 (more than $158,820), 40% of the amount sought by the applicants, “to be apportioned between the respondents”.
Still, Sony needs the money. It’s just been ordered to pay $90.7 million dollars to Immersion, a small tech firm —- for using its products without permission.
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See:-
whole stream - Sony Entertainment (Australia) Limited V Smith, March 11, 2005
without permission - Sony $90M PlayStation fine, p2pnet, March 28, 2005
March 31st, 2005 at 1:32 am
YES! Things are spiralling totally out of control….people are so fed up with big music’s shi% that the less suave are resorting to mafiaso tactics….Antipiratbyran et al are you getting some good market research?!?!?!
TT
March 31st, 2005 at 2:20 pm
Yeah these guys are scum. It reminds me of the movies that the origional songs have been changed because the song was patented past what the video was. This means that you have to change the origional song that goes in the movie. All for what, the sh*tty MPAA?
F*ck them all!
Oh yeah, this really amounts to nothing but cash for the company. What about all of those home recordings mixed then sent over the net. Can you not even make your own video with whatever music you want?
April 1st, 2005 at 4:38 am
You are totally right. These guys are scum. Skimming high profile tracks, dudding other dj’s, artists and the record companies. When they get caught they blub like babies and hope to get some sympathy. They should get the same sympathy that shoplifters get and that is none (apart from other caught shoplifters).
I bet they’ve got no money to pay the judgement and will not be wanting to explain where all the money they made from someone else’s property went to. I bet it didn’t go into new music investments
May 28th, 2007 at 9:12 am
fuck sony. without DJ’s no one needs their Disc players or mp3 players.
why pick on a small one man DJ?
I will buy Panasonic, pioneeer, Techics or anything else now but will NEVER buy a sony again.