Big business against little people... it does happen

[DNQuest.com]

There have been many people who consistantly say big business won't go after the little people. Though this example is not in the domain field, it is an example of what big business can do.


http://news.yahoo.com/s/ap/20051102/ap_on_hi_te/movie_downloads

Wed Nov 2, 8:42 AM ET

MILWAUKEE - A 67-year-old man who says he doesn't even like watching movies has been sued by the film industry for copyright infringement after a grandson of his downloaded four movies on their home computer.
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The Motion Picture Association of America filed a federal lawsuit Tuesday against Fred Lawrence of Racine, seeking as much as $600,000 in damages for downloading four movies over the Internet file-sharing service iMesh.

The suit was filed after Lawrence refused a March offer to settle the matter by paying $4,000.

"First of all, like I say, I guess I'd have to plead being naive about the whole thing," he said.

"I personally didn't do it, and I wouldn't do it. But I don't think it was anything but an innocent mistake my grandson made."

Lawrence said his grandson, who was then 12, downloaded "The Incredibles," "I, Robot," "The Grudge," and "The Forgotten" in December, without knowing it was illegal to do so.

The Racine man said his grandson downloaded the movies out of curiosity, and deleted the computer files immediately. The family already owned three of the four titles on DVD, he said.

"I can see where they wouldn't want this to happen, but when you get up around $4,000 ... I don't have that kind of money," Lawrence said. "I never was and never will be a wealthy person."

Kori Bernards, vice president of corporate communications for MPAA, said the movie industry wants people to understand the consequences of Internet piracy. She said the problem is the movies that were downloaded were then available to thousands of other users on the iMesh network.

"Basically what you are doing when you use peer-to-peer software is you are offering someone else's product that they own to thousands of other people for free, and it's not fair," Bernards said.

Illegal downloading costs the movie industry an estimated $5.4 billion a year, she said.

 

[Dave_Z]

Sigh, I'd have to say bad luck for Mr. Lawrence. He's at the wrong place at
the wrong time.

 

[sm]

600k is a bit harsh given the fact that a 12 year old kid can sometimes make mistakes ....no doubt it's their fault, but paying as much as that is a little too much.

 

[DNQuest.com]

Big business making an example.....

 

[Hostnetric]

Big business making an example.....

Yes but there is such a thing as to much. It has a negative effect in the minds of many since they are flexing their muscles to much. They should have a right to protect their property, but at what expense to their image.

 

[RogueWriter]

That is just sorrowful, a pathetic example of cutting off an arm to save the pinkie. If anything, that individual should win the case on the grounds that the accusers are obviously trying to raise awareness of an overall controversy rather than persue a legitimate reward. They are causing this fellow undue distress for the sole purpose of drawing media attention. I'm no lawyer, but personally I would fight back. I would countersue, IMO, for five hundred million dollars, then ask them to go pick on somebody their own size.

 

[jmweb]

The industry found out and made an example of him. Nothing wrong with that. The excuse he didn't know it was illegal isn't a valid one as we'd have murders running around saying the same thing.

 

[Dave_Z]

The industry found out and made an example of him. Nothing wrong with that. The excuse he didn't know it was illegal isn't a valid one as we'd have murders running around saying the same thing.

Indeed. Last I checked, ignorance of the law excuses no one.

 

[RogueWriter]

If they wated to make an example of him by charging for actual damages, which IMO would be about $80, that's one thing. Trying to ruin his life and bury him in debt to the point that he loses everything he owns just so that the media will pick it up and broadcast it worldwide is something else entirely, and personally, that's the issue I would have with this, and that's issue I think lawyers should be addressing - punishment should fit the crime.

You certainly wouldn't take someone on death row, and instead of executing him quickly and in relative privacy, torture him for days on end, broadcasting it in excrutiating detail, hoping that the sheer pain and horror of the incrimentally slow, brutally painful, bit by bit execution would stop some other person from killing.

Kind of a sorrowful analogy, maybe, but I think the point is made. If they are sueing him for the purpose of warning others rather than for actual damages, then they need to be held accountable for any health related issues he suffers, any unwarranted stress they encumber him with that might shorten his life, etc. I still think he needs to countersue for $500 million bucks, since his health is obviously more important than some ethereal point they are trying to get across to others unrelated to that specific case.

 

[Tippy]

He said his Grandson downloaded the Movies but who installed iMesh on Grandpas Computer... it would be funny to see when iMesh was installed on his system, if it was installed on the same day the downloads took place, if not, Grandpa is busted... if iMesh was already installed he was obviously using it, no?

 

[Fewski]

He said his Grandson downloaded the Movies but who installed iMesh on Grandpas Computer... it would be funny to see when iMesh was installed on his system, if it was installed on the same day the downloads took place, if not, Grandpa is busted... if iMesh was already installed he was obviously using it, no?

I don't think a 67 year old would want to watch the movies "The Incredibles," and "I, Robot,". :lol: