FREE JAMMIE!
Take a look at this woman's face. It could be the face of a family member. Or a good friend. It may even be the slightly stunned expression - with cheap shades cum hair fillet - staring out from the bathroom mirror. (I always look a little side-swiped in the morning.)
Thats' right! Take a good look at the face of Jammie Thomas-Rasset. Today, she's the copyright infringement Joan of Arc who's been broken on the turntable of the music industry!
But, tomorrow, it could be you!
Jammie just got jammed with an almost $2 million fine for downloading and sharing 24 songs on the internet. Don't bother jumping on the Metacalc site - I'll bust down the figures for you ('cause I've already read the story): That averages out to $80,000 per song Jammie must pay to get out of this... well... jam.
That's right!
I couldn't believe it either. A two-million dollar fine? She's a working-class single-mom of four. She'll be paying it off until the year 2166 - when the real Enterprise will embark on a real five-year mission to go where no human has gone before.
Jammie probably feels she's in a fix where few humans have been before. Without a paddle!
I don't want to make light of this. (I just can't help myself.) Download piracy is a huge problem in the industry, at least, according to the Recording Industry Association of America:
One credible analysis by the Institute for Policy Innovation concludes that global music piracy causes $12.5 billion of economic losses every year, 71,060 U.S. jobs lost, a loss of $2.7 billion in workers' earnings, and a loss of $422 million in tax revenues, $291 million in personal income tax and $131 million in lost corporate income and production taxes. For copies of the report, please visit www.ipi.org.
Those figures are a little hard to swallow, now, since the recording industry has been in a financial tailspin for years. Several factors for slumping sales have been bandied about: Competition from DVDs and video games, the general economic recession that started accelerating last summer, and even a shift away from albums as favored music media for the first time in 40 years.
Here's a simpler answer: Maybe current music sucks. Wonder if they ever thought of that?
The music industry is getting desperate. It's even proposing a tax on each song radio stations play in their formats; broadcasters are rightly incensed at paying the penalty for an enterntainment sector that just may be bleeding income because of bad management decisions - and continuing to prop up artists and entire musical genres that fewer and fewer listeners want to hear.
Somehow, I doubt anyone will consider front-office suits deserve a Bammie for lowering the boom on Jammie, bad bamma-jamma, or no. This reeks of "sending a message" - of making Jammie the example put on the chopping block to send a fuzz-tone of terror through the hearts of anyone foolish enough to think they can zip off Lady GaGa to a friend across town and not pay the piper.
The $1.92 million verdict against a Minnesota woman accused of sharing 24 songs over the Internet could ratchet up the pressure on other defendants to settle with the recording industry -- if the big fine can withstand an appeal.
The industry has put the screws to about 35,000 people over the last few years, accusing them of piracy. One wonders where this thing will end. News is now the plaintiff labels want to settle with Jammie for a few grand.
Don't do it, Jammie! Chin up! Jelly tight!
















As a songwriter, I sympathize with both. The Music Industry is greedy, selfish, extortionary, cruel, often self-defeating, and morally on the right side of this issue.
What Jammie did was wrong, but she doesn't deserve the death penaly, metaphorically speaking. I expect that in the end, after the Industry believe its message has been heard, it will let her mostly off the hook.
Piracy - illegal downloading or its facilitation - is a form of stealing, no less immoral because it's widely practiced and easy to get away with. On the other hand, the business models of the past are clearly obsolete in the Internet age, and the music business will ultimately fail unless it comes to grip with that reality.
I don't know what the best reforms will be, but I suspect they may evolve away from the purchase of individual songs to subscription models or other indirect forms of artist payment such as charges on the purchase of CDr disks. If so, I hope more of the proceeds go to the artists and less to the Industry executives. The financial viability of song creation is vital to future artistic endeavors, which cannot sustain themselves by performance revenues along, except for a few of the best known (but not necessarily most creative) artists.
The greediness of the Industry does not alter the reality that when a listener pays nothing for a song, the artist gets nothing.
June 19, 2009 8:19 PM | Reply | Permalink
Explain Radiohead.
June 19, 2009 8:43 PM | Reply | Permalink
Bwakfat - I'll try not to resuscitate a debate that grew tiresome long ago, but I don't see the link to Radiohead as demonstrating a moral justification for taking something for free when its creator doesn't want to give it away for free.
Free samples have been a time-honored means for vendors to draw public attention to their products. The moral distinction revolves around who decides that you should get the product of my creation for free - you or I. All else strikes me as rationalization.
I haven't followed the Radiohead story in detail, but I understand they weren't entirely happy with the results of their giveaway. In any case, from a moral standpoint, I believe it's irrelevant.
June 19, 2009 9:22 PM | Reply | Permalink
We always think of free speech in terms of criminal laws and prosecution.
But Freedom of Speech can be infringed greatly in the civil courts.
Thank you for this Curt.
We must see that authors get their due.
But this is ridiculous.
June 19, 2009 9:48 PM | Reply | Permalink
She's a working-class single-mom of four ...
um, no. When the alleged downloads were committed, Ms. Thomas was a single mother of two. She's now Ms. Thomas-Rasset, mother (and-stepmom) to four children. But she isn't (and never was) a single mother of four.
HTH.
June 19, 2009 10:09 PM | Reply | Permalink
DAMN! Zapped again by the New York Times and its fact-check devolution:
Hope the Mexican tycoon doesn't find out!
June 19, 2009 11:06 PM | Reply | Permalink
"Thomas-Rasset, 32, had been convicted previously, in October 2007, and ordered to pay $220,000 in damages, but the judge who presided over that trial threw out the verdict and ordered a retrial after he misdirected the jury. "
Just curious, anyone know what the misdirections were and which side they would have favored?
For 24 tunes that's awfully steep but apparently the plaintiff chose to only go for that small number.
June 19, 2009 11:08 PM | Reply | Permalink
I believe the misdirection favored the plaintiffs, but I can't recall the details.
This outcome is designed for symbolism, because Jammie is unlikely to suffer great financial hardship once the publicity dies down. The record industry hopes to scare illegal downloaders and uploaders with the prospect of impoverishment. They presumably risk alienating the public with their bullying tactics, but they probably figure that the public is already so alienated that they had little support left to lose.
I don't think it will work, and it may well be that the judicial process has played itself out long after the industry had ceased to view the judgment as operating in its favor.
None of this contradicts my earlier statement that illegal downloading is wrong, but as I stated earlier, the solution will require something more imaginative than a punitive attitude.
June 20, 2009 12:21 AM | Reply | Permalink
I believe the misdirection favored the plaintiffs
Yes: on the first trial, the judge's jury instructions favored the plaintiff RIAA (said that defendant's making the material "available for download" was sufficient for a finding of guilty). The judge changed his own mind about that, so ordered a new trial.
June 20, 2009 1:32 AM | Reply | Permalink
So the second trial resulted in a much larger award to the plaintiff even though the first trial instructions had been biased in favor of the plaintiff?
So much for uniform justice!
June 20, 2009 3:37 PM | Reply | Permalink