How many songs do you have on your computer?  10?  50? Or is 1,500 a little closer?

If you own a computer and are connected to the internet (which, if you’re reading this, applies to you), you need to know how the DMCA can affect you.  And trust me, it can really affect you…just ask Jamie Thomas.  She had 1,072 songs and has been sued for $220,000 by the RIAA.

The Digital Millennium Copyright Act (DMCA) is a United States copyright law which implements two 1996 WIPO treaties. It criminalizes production and dissemination of technology, devices, or services that are used to circumvent measures that control access to copyrighted works (commonly known as DRM) and criminalizes the act of circumventing an access control, even when there is no infringement of copyright itself.

First, I just want to point out one of the big catches here.  “It criminalizes production and dissemination of technology, devices, or services that are used to circumvent measures that control access to copyrighted works”.  What this means is that any person, company, or oganization that creates a product (computer, MP3 player, tape recorder/CD player/burner), program/software (iTunes, Limewire, etc.), or service (broadcast), can be considered a CRIMINAL.  These products and services make it possible for people to illegally share music, therefore making them criminally responsible/liable according to the DMCA.

Now, sit back, take a breath, and ask yourself, “Does that make sense?”.  Honestly.  This means a 70 year old grandmother could be sued into the dirt because her grandson used her computer to download a song on Kazaa.  The kid could be sued, the computer manufacturer could be sued, the Internet provider could be sued, and the grandmother could be sued.  This is not a joke.  This is real.  With the current laws this scenario could easily happen.

Here’s how it works:  A person owns a computer connected to the internet.  They get on the internet and use software/websites to download a song, movie, program, picture, etc.  The RIAA is also on these sites by way of a company, “BayTSP”.  The company acts as another “user”, and when they see someone connecting to a bit torrent or otherwise interacting with another user, they copy the IP address of that user.  They then serve the Internet provider with orders to hand over the personal information of the user,

“In addition to limiting the liability of service providers, Title II establishes a procedure by which a copyright owner can obtain a subpoena from a federal court
ordering a service provider to disclose the identity of a subscriber who is allegedly
engaging in infringing activities. (Section 512(h)).”
-The Digital Millennium Copyright Act of 1998

and then serve the person with “cease and desist” orders.  However, the odd thing is that for this to happen a singe file never even has to be “shared”.  If you so much as connect to another person’s computer, whether intentionaly or not, you may very well be served orders.  When it goes to court, you are guilty until proven innocent.  If found guilty, the DMCA allows for a first time offender to be charged up to $500,000 or 5 years in prison and $1,000,000 or 10 years in prison for a repeat offender.  I hope grandma has half a million dollars in her social security account!