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Judge OKs Challenge To RIAA's $750-Per-Song Claim

NewYorkCountryLawyer writes "In UMG v. Lindor, in Brooklyn federal court, the presiding judge has held that Marie Lindor can try to prove that the RIAA's claim of $750-per-song statutory damages is a violation of the Due Process Clause of the Constitution, since she has evidence that the actual wholesale price of the downloads is only 70 cents. This decision activates an earlier ruling by the Magistrate in the case that the record labels must now turn over 'all relevant documents' regarding the prices at which they sell legal downloads to online retailers, and produce a witness to give a deposition by telephone on the subject. Judge Trager rejected the RIAA's claim that the defense was frivolous, pointing out that the RIAA had cited no authorities contradicting the defense, but Ms. Lindor's attorneys had cited cases and law review articles indicating that it was a valid defense. See the Decision at pp. 6-7."

2 of 333 comments (clear)

  1. There goes the RIAAs "legitimacy" :-) by crovira · · Score: -1, Redundant

    This could only happen under the fsckin' Democrats. (Oh wait, they weren't around when this crap was hatched.)

    No law firm is ever going to work cheaply enough to make this worth their while.

    If they have to prove their costs, they're dead.

    If they have to prove the RIAAs costs, they're dead.

    Goddamn it. If people play fair, we can't get anything done in this country.

    --
    MSBPodcast.com The opinions expressed here are my own. If you don't like 'em... Think up your own stuff.
  2. Re:Englsh translation? by schabot · · Score: -1, Redundant

    Disclaimer: I'm not African-American, and I have never been to Africa or the less affluent regions of any major city.

    No but you are ignorant. Your final statement implies that 1. People who talk like that are African-American. 2. People who talk like that live in "less affluent regions" 3. And it is the African-Americans who are living in those areas.

    If you did just a litte bit of reading you would realize that "African-American" vernacular, if it does exist, has nothing to do with money or social class. Much of the pronunciation, grammar and vocabulary comes directly from influences of West African languages, and not from a lack of education or money.