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March 08, 2005

The Associated Press is reporting that a teenager in Arizona is the first person convicted under state laws for downloading unauthorized content online. Of course, it doesn't really matter that much that it's a first under state laws, rather than federal -- but the details of the case still raise some questions. First of all, almost all of the cases so far haven't been about downloading files, but unauthorized distribution of files -- which is a pretty important distinction. However, this article suggests it's for downloading. In fact, some versions of the AP piece go on to claim (without the slightest hint of a snicker) that the FBI found $50 million worth of music and movies on this kids hard drive -- though, it appears that the AP is pushing out changed copy without that $50 million line. Still, it makes you wonder where they came up with such a number. It would certainly be very difficult to defend. Also, the article buries in the final sentence that he was also selling the material he had downloaded. Just a second, here... Isn't the fact that he was selling unauthorized content the real story? He was a counterfeiter. That's a much bigger crime than just downloading some songs and movies for personal use. However, the AP ignores that point to blast out there the entertainment industry's favorite message: that somehow all of you folks downloading music and movies are going to get thrown in jail.

Via Techdirt


Originally from Techdirt, remediated by yatta on Mar 8, 2005 at 01:31 AM