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1st person convicted under Internet Piracy Law; in the US - it starts :S
Topic Started: Mar 9 2005, 04:15 PM (655 Views)
AndrewF31
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Otorrinolaringologista
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Teen Convicted Under Internet Piracy Law

By BETH DeFALCO, Associated Press Writer
http://story.news.yahoo.com/news?tmpl=stor...cy&sid=95573501

PHOENIX - An Arizona university student is believed to be the first person in the country to be convicted of a crime under state laws for illegally downloading music and movies from the Internet, prosecutors and activists say.

University of Arizona student Parvin Dhaliwal pleaded guilty to possession of counterfeit marks, or unauthorized copies of intellectual property.

Under an agreement with prosecutors, Dhaliwal was sentenced last month to a three-month deferred jail sentence, three years of probation, 200 hours of community service and a $5,400 fine. The judge in the case also ordered him to take a copyright class at the University of Arizona, which he attends, and to avoid file-sharing computer programs.

"Generally copyright is exclusively a federal matter," said Jason Schultz, an attorney with the Electronic Frontier Foundation, a technology civil liberties group. "Up until this point, you just haven't seen states involved at all."

Federal investigators referred the case to the Maricopa County Attorney's Office for prosecution because Dhaliwal was a minor when he committed the crime, said Krystal Garza, a spokeswoman for the office.

"His age was a big factor," she said. "If it went into federal court, it's a minimum of three months in jail up front."

Although Dhaliwal wasn't charged until he was 18, he was 17 when he committed the crime. Prosecutors charged him as an adult but kept it in state court to allow for a deferred sentence. Garza also said Dhaliwal had no prior criminal record.

The charge is a low-level felony but may be dropped to a misdemeanor once he completes probation, she said.

A call to Dhaliwal's attorney, James Martin, was not returned.

A man who identified himself as Dhaliwal's father, but refused to give his name, returned a message left Monday at Dhaliwal's parents' home. He said his son had made a mistake, and was trying to put the case behind him. The man declined to comment further.

Brad Buckles, executive vice president for anti-piracy at the Recording Industry Association of America (news - web sites), said estimates say Internet piracy has cost the industry up to $300 million a year in CD sales alone.

The FBI (news - web sites) found illegal copies of music and movies on Dhaliwal's computer, including films that, at the time of the theft, were available only in theaters. They included "Eternal Sunshine of the Spotless Mind," "Matrix Revolutions," "The Cat In The Hat," and "Mona Lisa Smile."

A federal task force that monitors the Internet caught on to the student and got a warrant, Garza said, adding that Dhaliwal was copying and selling the pirated material.



He was also selling the stuff so it might explain part of the sentence.
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Spurius
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Wow, I that is a huge punishment. I am sure that him selling it wasn't the whole reason of it. I think they are trying to make a point. :P
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Deleted User
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Not very bright.
I have mixed views about downloading stuff, but if you're going to sell it, I think you deserve a good kick in the ass.
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alamir
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Electricity is just Organized Lightning.
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If it wasn't for Dhaliwal "Mona Lisa's Smile" wouldn't even have an audience!!!!


That's such bullmullet... don't courts have other stuff to do than bother 18 year old kids? I've seen the mansions and cars of these executives... it costs 1 cent for the plastic of a CD and 2 cents for the cover... they're charging 25$ for DVDs..... Dhaliwall's pocket change isn't costing crap.. not even if you multiply that by 5000 Dhaliwals.

Quote:
 
Internet piracy has cost the industry up to $300 million a year in CD sales alone


That's the entire music industry!!!! Do you have any idea how much the entire industry makes all together?

RIAA members create, manufacture and/or distribute approximately 90% of all legitimate sound recordings produced and sold in the United States.

The foreign sales and exports of U.S. copyright industries were nearly $90 billion in 2001, an amount greater than almost any other industry sector, including automobiles and auto parts, agriculture and aircraft.

http://66.102.7.104/search?q=cache:3k3YgfR...2+profits&hl=en


Hell, one Britney Spears CD can cover the lost of these guys!!!

...oh and if you want more input,
http://maddox.xmission.com/musicindustry.html

^^^It might not seem like a credible source, but I'm sure Phrank would agree that it is a valid argument!
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Deleted User
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Indeed.
Thus, my mixed views on downloading.
I think the record industry is one of the least ethical businesses ever to exist, so I don't have any real moral issues about stealing from them, since they're effectively stealing, or extorting, or whatever, from me and those they're supposed to represent.
Nor do I believe it has any real impact on them, or any negative impact on the artists, and in fact, I think it helps the artists.
But in my view, selling what you steal from them is considerably worse than simply stealing from them so they're not stealing from you. :rory:
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Spurius
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PhranK
March 9, 2005 05:35 PM
Indeed.
Thus, my mixed views on downloading.
I think the record industry is one of the least ethical businesses ever to exist, so I don't have any real moral issues about stealing from them, since they're effectively stealing, or extorting, or whatever, from me and those they're supposed to represent.
Nor do I believe it has any real impact on them, or any negative impact on the artists, and in fact, I think it helps the artists.
But in my view, selling what you steal from them is considerably worse than simply stealing from them so they're not stealing from you.  :rory:

I agree with that, and I am sure that most people do as well.

The record industry screws so many people over, it is almost good to see it when they get screwed over. Even though downloading some music isn't exact doing much to them, and even if it did I wouldn't feel to bad for them.
But when you steal something from anyone, and sell it to make a profit for yourself, you deserve whatever you get.

I don't think that really has much to do with people feeling bad for the record industry. People just hate to see people receiving money for something someone else did. That is probably why Dhaliwal got the harsh punishment he did.
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I should probably clarify, since I'm on staff and all, that regardless of my personal views, IF takes a very strong stance on the issue of music copyrights, and copyrights in general, which I not only abide by, but enforce without question when necessary.
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Special Forces
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PhranK
March 9, 2005 04:18 PM
Not very bright.
I have mixed views about downloading stuff, but if you're going to sell it, I think you deserve a good kick in the ass.

Yes, once you get the point of "selling" your downloaded content that's when it's clear it's illigal. Downloading the content is one thing but selling it is another ballpark.
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alamir
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For all those against selling, you know that trading is pretty close? All you're doing it subtracting the green paper (that's why Napster got the boot)

...anyway with that said I'm against selling too, no doubt, I wouldn't do it. But I'm more against wasting tax payers money by putting a juvenile into court and using him as an example for others.

To me the guy that stole my brother's civic is a more important person to catch. Or the guy who's selling cocaine. Or the Coca-Cola industry that is exploiting third-world country natural resources like water and people (human lives is a natural resource)... oh wait they don't exploit people...they kill people.. sorry I forgot about that.

You might think I'm going off on a tangent, but I would just argue that you're not looking at the bigger picture. It's not as easy to make a big living on the black market with a legal product. Go after the illegal stuff first, that has the greens, and (killing people for soda pop is just as illegal as drugs in my books....I rather have my tax go towards that.)
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Das
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PhranK
March 9, 2005 03:35 PM
I should probably clarify, since I'm on staff and all, that regardless of my personal views, IF takes a very strong stance on the issue of music copyrights, and copyrights in general, which I not only abide by, but enforce without question when necessary.

Covering your trails ;) :P

I can't belive that guy was the first to get caught.
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Cypher
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Once the chance you'll get caught for just downloading for your own personal use? This guy was selling apparently and this was why he was caught.
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desdemona
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selling downloaded stuff is wrong and stupid... <_<

But I must admit I agree with alamir on this. And the claim that the problems of the music industry is caused by file-sharers is plain ridiculous.

First of all, there's nothing to suggest that people that download films and movie should buy less cd's or go to the cinema less.

Secondly, I see filesharing more like borrowing a book or cd from a friend... you enjoy the book or cd without purchasing it yourself. Should that be made illegal too then? And I know how many times I've ended up buying the book or cd myself after having borrowed it, if I really liked it a lot.

Thirdly, the music industry push so much crap music and it's so hard for talented artist who don't fit into the mainstream (or have the right super model look) to make it. A lot of people are BORED with this kind of music, that's why they don't buy it. Not because of file sharing. The glittery MTV style may appeal to consuming teenagers but I am SO sick of it :angry:

And the way the industry behaves in this matter is SO out of proportion... in Denmark they have threatend young students into accepting huge fines, even though no court has yet ruled in the anti-pirates favor.
They have sent bills to boyscouts who sing around the campfire, gyms that uses music to the workout and lorry companies that lets the lorry drivers listen to music while they work! <_<

and there's a little PS in this: some music and films are not distributed throughout the entire world... this can be small non-mainstream productions or stuff that noone is willing to take the financial risk of distributing. File-sharing is a way to make these things available to a lot of people, without any costs for anybody.
And I do belive that people viewing/listening to stuff that the industry don't bother to present to us actually creates a demand that can put pressure on the industry to invest in these things. I don't know if they want to listen though... :ermm:
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lilthugs2004
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Some 12 year old girl got a 10,000 pound/dolla fine, dunno what country she was from though.
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Fac3full
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Its because idiots today cant cover their trails
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