Blog 3: Professors Siding With Jammie Thomas in RIAA Case

Article: Professors Siding With Jammie Thomas in RIAA Case
http://blog.wired.com/27bstroke6/2008/06/professors-sidi.html

This article is about the Jammie Thomas case, who was found guilty of file sharing and fined $222,000. Thomas is alleged to have shared 24 songs in an open share folder using the Kazaa peer-to-peer file sharing application.

The university professors told the judge he erred when he instructed the jurors having an open share folder filled with copyrighted music amounts to infringement.

As professor Cotter states "A download that is authorized by somebody acting on behalf of the copyright owner shouldn't count for infringement," he said. "There's so many different ways this case can play out."

The bigger picture, to me, is the whole controversy over P2P networks or file sharing applications.

The record companies, the RIAA (Recording Industry Association of America), and the Motion Picture Association of America (MPAA) have painted P2P networks as evil, leading normally "moral" individuals down a path of wrongdoing.

I disagree, sure a lot of people download copyrighted songs and movies, never paying a cent to watch and listen to this product. But that is not all they are used for, I have even worked at a company where work material (not of a sensitive nature) was shared on these networks to allow employees to access the material from home.

Independent and struggling musicians and film makers use these networks to distribute their works, sometimes leading to breakthroughs in their careers.

I suspect if we were to poll the students at UNC-C, we would find that the majority have used these networks to download songs, at least. Does that make them evil and criminals? I think not.

The legal system and copyright laws have not kept up with modern technology. These issues can be addressed. One look at the success of Apple's iTunes shows that a legal method can be implemented to please all parties.

I work late hours and sometimes have long stretches of time. During this time, sometimes I download songs to listen to. Songs I already legally own at my house. I don't feel I'm breaking the law in doing so. Another example the desire to listen to an album to see if you like it, before you buy it. You download it first and then decide if you want to buy it. I see old movies on TCM where they had whole rooms - where people could listen to music before they buy it. Some stores do this today, but they only have Top 40 available. If you want to test run Captain Beefheart's Trout Mask Replica - well, you're out of luck. But, there is a good chance you can find that on a P2P network, download it, see if you like it, then buy it if you like it.

I suspect the legal system will be forced to address these issues in the future, perhaps with a case even making it to the Supreme Court. Then, perhaps we will have some clarity.