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by nadermx
6 days ago
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It's basically many pages refuting parent's comments framing of "It's pretty easy to validate that everything they're saying is accurate." given the PDF opening is: "On September 8, 2003, the recording industry sued 261 American music fans for sharing songs on peer-to-peer (P2P) file sharing networks, kicking off an unprecedented legal campaign against its own customers.1 Four years later, the recording industry has filed, settled, or threatened, legal actions against well over 20,000 individuals.2 " Which paints a different picture. |
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The parent claimed that the RIAA settled for $2-4 a song, which is true, and corroborated by your link. These were settled prior to legal action. They even had a website p2psettlement.com where you could pay before receiving legal notice.
The parent claimed that when RIAA actually sued, they sought statutory damages on a small subset of the infringed songs. Which is true. The two cases that went to trial involved 24 songs (Thomas-Rasset) and 30 songs (Tenenbaum), out of the thousands each defendant was accused of sharing. The statutory minimum was $750 per work, so a judgment on even a couple dozen songs exceeded the original settlement offer several times over.
The parent claimed that most parties got a lawyer, and would then negotiate with the RIAA. This is also true, most cases settled for under 10,000.
The two notable cases that went to trial were linked in my prior post. In one of them, the judge went so far as to urge Congress to lower the statutory minimum for individual, non-commercial infringers.
The last claim that RIAA tried to settle below the awarded damages is also true. Here is one instance of the two cases I linked: https://web.archive.org/web/20101201221839/http://news.cnet....
So I'm really not understanding what you're refuting. The EFF document you linked doesn't dispute any of these facts, it just critiques the scale and fairness. The parent described accurate mechanics, and the EFF thought it was abusive. These are both true at the same time and entirely different conversations.