The defense put forward by a woman named in the first wave of civil lawsuits filed by the Recording Industry Association of America (RIAA) against the users of peer-to-peer downloading services has been rejected by the US Court of Appeals for the Seventh Circuit.
Cecilia Gonzalez had argued that she was downloading songs in order to decide which she liked enough to purchase on CD, and pointed to the size of her CD collection as evidence of this.
However, the three-judge appeals court panel upheld the $22,500 judgement against her on the grounds that she did not delete the tracks from her hard drive that she did not intend to buy.
"A copy downloaded, played, and retained on one's hard drive for future use is a direct substitute for a purchased copy," they reasoned.
According to reports in the legal media, they also dismissed her assertion that she downloaded fewer songs than many of the defendants in similar cases as "no more relevant than a thief's contention that he shoplifted only 30 compact discs, planning to listen to them at home and pay later".
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