Michael Burke, solicitor for 19-year-old Peter Tran -- who received an 18-month sentence suspended for three years, a good behaviour bond and an AU$5,000 fine for his part in illegally distributing copyrighted materials via a Web site -- told ZDNet Australia the magistrate "quite clearly did a good job in this case".
Burke's remarks followed the sentencing last Tuesday of Sydney-based students Tran, Charles Ng, 20 and Tommy Le, 21 by Federal Court deputy chief magistrate, Graeme Henson, for their part in the distribution of music files via the MP3 WMALand Web site. All avoided going to jail, with Ng also receiving a suspended 18-month jail sentence. Both Ng and Le were also sentenced to 200 hours' community service, which Tran avoided due to a medical condition. Instead, he received a three-year good behaviour bond and the fine.
Burke also indicated Tran was unlikely to appeal the sentence.
Prosecutors had argued that the offenders should serve jail time. The music industry's piracy investigations unit boss, Michael Speck, had bitterly criticised the decision, saying the students' activities had cost the industry tens of millions of dollars, asking "I wonder how much music you need to steal before you go to jail?
"Certainly, if you'd gone into a shop and stolen this much music there'd be no question of jail".
However, Burke -- who is employed by Marsden's Law Group -- said in feedback posted to the ZDNet Australia Web site "I don't think we should rush in and criticise the court's decision without a full knowledge of sentencing principles and the facts of the case".
Burke told ZDNet Australia that the magistrate had had to make an assessment based on two very strong sides of argument. "The music industry had claimed the activities had cost a massive amount of loss and the crime was very hard to detect".
The issue of deterrence weighed very heavily on the judiciary in these sorts of cases, he said. However, the magistrate also had to consider the fact that the three defendants were young with no criminal history and good prospects.
"[The magistrate] struck a very good balance," Burke said.
The solicitor added in his feedback that he had developed "a level of disrespect" for the media over its part in reporting the case.
"Very few in the media were prepared to stand up to Michael Speck and his sometimes outrageous comments.
"One day I would read the paper and they would say [the defendants' activities had cost the music industry up to] AU$60 million and then AU$200 million the next.
"I will say I am disappointed in the weight that was put behind this case to ensure a couple of teenagers were sent to prison.
"As a regular visitor to our jail system I can assure you that this was not the place for those boys.
"The main thing is we kept them out and they are at home with their families.
"I discourage anyone from participating in this type of activity.
"The music industry has shown its hand, it is prepared to do anything to protect its millions.
"I believe that if anyone has a concern with the conduct of the music industry in this case then they should voice their concerns in a written protest to the ... industry".
Dicko and the recording companies rip off artist like Guy Sebastian. So I think it is good that teenagers rip their music off.