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Stories and comments across the archive that link to beckermanlegal.com.
Stories · 157
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Tenise Barker Takes On RIAA Damages Theory
NewYorkCountryLawyer writes "Tenise Barker, the young social worker from the Bronx who took on the RIAA's 'making available' theory and won, has now launched a challenge to the constitutionality of the RIAA's damages theory. In her answer to the RIAA's amended complaint [PDF], she argues that recovering from 2,142 to 428,571 times the actual damages would be a violation of Due Process. She says that the Court could avoid having to find the statute unconstitutional by construing the RIAA's complaint as alleging a single copyright infringement — the use of an 'online media distribution system' — and limiting the total recovery to $750. In the alternative, she argues, if the Court feels it cannot avoid the question, it should simply limit the plaintiffs' damages to $3.50 per song file, since awarding more — against a single noncommercial user, for a single upload or download of an MP3 file for personal use — would be unconstitutional." -
Tenise Barker Takes On RIAA Damages Theory
NewYorkCountryLawyer writes "Tenise Barker, the young social worker from the Bronx who took on the RIAA's 'making available' theory and won, has now launched a challenge to the constitutionality of the RIAA's damages theory. In her answer to the RIAA's amended complaint [PDF], she argues that recovering from 2,142 to 428,571 times the actual damages would be a violation of Due Process. She says that the Court could avoid having to find the statute unconstitutional by construing the RIAA's complaint as alleging a single copyright infringement — the use of an 'online media distribution system' — and limiting the total recovery to $750. In the alternative, she argues, if the Court feels it cannot avoid the question, it should simply limit the plaintiffs' damages to $3.50 per song file, since awarding more — against a single noncommercial user, for a single upload or download of an MP3 file for personal use — would be unconstitutional." -
"Probable Cause" Hearing Against MediaSentry
NewYorkCountryLawyer writes "RIAA sidekick MediaSentry's 'illegal investigation' problem, which surfaced the other day when it got caught in a lie in Michigan (or got caught telling the truth after having told 2 years worth of lies in Brooklyn), has taken another turn for the worse. We learned today from court papers filed in North Carolina, in one of the cases targeting NC State students in Raleigh, that the North Carolina Private Protective Services Board has scheduled a Grievance Committee hearing to determine whether there is probable cause to investigate an alleged violation of the law by SafeNet (formerly known as MediaSentry). Fortunately for MediaSentry, they won't have to testify under oath, according to the notice (PDF)." -
"Probable Cause" Hearing Against MediaSentry
NewYorkCountryLawyer writes "RIAA sidekick MediaSentry's 'illegal investigation' problem, which surfaced the other day when it got caught in a lie in Michigan (or got caught telling the truth after having told 2 years worth of lies in Brooklyn), has taken another turn for the worse. We learned today from court papers filed in North Carolina, in one of the cases targeting NC State students in Raleigh, that the North Carolina Private Protective Services Board has scheduled a Grievance Committee hearing to determine whether there is probable cause to investigate an alleged violation of the law by SafeNet (formerly known as MediaSentry). Fortunately for MediaSentry, they won't have to testify under oath, according to the notice (PDF)." -
RIAA Wants To Throw In the Towel On 3-Year-Old Case
NewYorkCountryLawyer writes "After three years of pursuing a home health aide in Brooklyn who has never even used a computer, the RIAA has announced it's ready to throw in the towel. Only thing; it wants the dismissal to be 'without prejudice' so it won't be liable for attorney's fees. The courts have been saying that where a copyright plaintiff gives up, the defendant is presumptively entitled to an attorney's fee award. So, Ms. Lindor says 'no way.' She wants the dismissal to be 'with prejudice,' and she wants her attorney's fees." We've been discussing this case and Ms. Lindor's fight against the RIAA for quite some time. -
NC Judge Takes "A Fresh Look" At RIAA Subpoenas
NewYorkCountryLawyer writes "When some North Carolina State students recently brought to the attention of the Court the apparent illegality of the RIAA's investigations by unlicensed investigators, they also caught the attention of the judges. After reading these new papers, District Judge Louise W. Flanagan, who admits that she's been routinely signing the RIAA's ex parte discovery orders in the past, has indicated that she is now going to take 'a fresh look' at the RIAA's tactics. She issued a stay of the subpoena, ordering NC State not to respond to it, and referred the motions to dismiss the cases to a Magistrate Judge for him to take that 'fresh look' at what has been going on." -
Law Profs File Friend-of-Court Brief Against RIAA
NewYorkCountryLawyer writes "A group of 10 copyright law professors has filed an amicus curiae ('friend of the court') brief on the side of the defendant in Capitol v. Thomas, agreeing with the judge's recent decision that the $222,000 verdict won by the RIAA appears to be tainted by a 'manifest error of law.' The clear and well-written 14-page brief (PDF) argues that the 'making available' jury instruction, which the RIAA had requested and the judge ultimately accepted, was in fact a 'manifest error of law,' making the point, among others, that an interpretation of a statute should begin with the words of the statute. My only criticism of the brief is that it overstates the authorities relied on by the RIAA, citing cases which never decided the 'making available' issue as cases which had decided it in the RIAA's favor." As it turns out, the MPAA, close ally to the RIAA, has come forth with a more controversial view. They suggest that proof of actual distribution shouldn't be required. From their brief (PDF): "Mandating that proof could thus have the pernicious effect of depriving copyright owners of a practical remedy against massive copyright infringement in many instances."