The general manager of Music Industry Piracy Investigations (MIPI), Michael Speck, told ZDNet Australia the CDPP engaged in "secret negotiations" with the defendants -- who pleaded guilty to infringing copyright while operating the MP3 WMA Land Web site and were sentenced yesterday-- effectively locking the music industry out of the judicial process. Describing the suspended jail sentences as "disappointing", the piracy investigator has indicated the music industry will lobby the government to toughen up criminal provisions in the Copyright Act.
"[Apparently] it's appropriate to conduct secret negotiations with the defendants about what they'll admit to the court, but it's not appropriate for the victim to be informed about any deals and indeed... not the victims' place to be in court, according to a letter we received [from the CDPP] the night before yesterday," Speck said.
While Speck says it's not the music industry's place to appeal the decision, he said the prospect of the CDPP taking the matter before an appellate court seems unlikely. "I consider that given the lack of energy the CDPP has shown in this matter there won't be an appeal," he said.
The music industry isn't going to change its tactics, Speck said, however it may seek to alter legislative framework under which infringers are charged. "We live and work within an enforcement and judicial system that we must accept. We'll certainly be looking at the relevant provisions to see if we need to talk to government about amendments to legislation," he explained.
Speck believes the students should have served time for at least 18 months, he said, and described the actions of the sentencing magistrate as weak. "In effect, this magistrate talked tough and acted weak, but clearly it confirmed the need for these types of actions."
I wonder if this guy realises that every word which oozes out of his mouth like slime makes peoples resolve to shaft the music industry grow stronger.
I don't condone shafting musicians either , but when the music industries side goes to extremes in order to prosecute citizens , it's not too hard to comprehend a lack of compassion will exist on the other side - which is a much larger side that the music industry depends on for income.
Go ahead and lock everyone up so no one can buy cd's - what will be the reason for sales being down then?