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DoJ Sides With RIAA On Damages

Alberto G writes "As Jammie Thomas appeals the $222,000 copyright infringement verdict against her, the Department of Justice has weighed in on a central facet of her appeal: whether the $9,250-per-song damages were unconstitutionally excessive and violated the Due Process Clause of the Constitution. The DoJ says that there's nothing wrong with the figure the jury arrived at: '[G]iven the findings of copyright infringement in this case, the damages awarded under the Copyright Act's statutory damages provision did not violate the Due Process Clause; they were not "so severe and oppressive as to be wholly disproportioned to the offense or obviously unreasonable."' The DoJ also appears to buy into the RIAA's argument that making a file available on a P2P network constitutes copyright infringement. 'It's also impossible for the true damages to be calculated, according to the brief, because it's unknown how many other users accessed the files in the KaZaA share in question and committed further acts of copyright infringement.'"

7 of 469 comments (clear)

  1. No problem... by geminidomino · · Score: 2, Funny

    This is the same DoJ that claimed that George Washington and Abraham Lincoln made wide use of electronic surveillance against citizens...

  2. Re:She deserves the fine by grub · · Score: 3, Funny


    Remember kids: it's very important to be a selfish, slovenly pig. When you get 'caught' doing something everyone else does, just pay a small fine and go back to wallowing in your own filth.

    I'm in Canada. I don't need to pay a fine before wallowing in my own filth!

    --
    Trolling is a art,
  3. Re:NO by UncleTogie · · Score: 5, Funny

    OOH 7 digits UIDs, the lowest form of commenter.

    ...says the anonymous coward...

    --
    Don't tell me to get a life. I'm a gamer; I have LOTS of lives!
  4. Re:NO by JudgeFurious · · Score: 5, Funny

    That is technically incorrect. The lowest form of humor comes from the sounds and odors emitted from the typical human anus.

      Come on man, everybody knows that. It's the one thing on this earth that you will find amusing on some level for your entire life.

      When you were 2 you laughed when you farted. When you are 92 and sitting in a wheel chair in a nursing home you'll laugh at the old guy next to you who can't get away from your ancient mummy farts.

    --
    Appended to the end of comments you post. 120 chars.
  5. Re:NO by Cassius+Corodes · · Score: 3, Funny

    Its not the size of your UID, its how you use it.

    Remember kids, winners don't do drugs.

    --
    Control is an illusion, order our comforting lie. From chaos, through chaos, into chaos we fly
  6. Extend the logic ! by DrStrangeLug · · Score: 4, Funny

    If just making a file available constitutes infringement then just having the money available constitutes paying your taxes.

  7. Re:If I wasn't so lazy.. by Anonymous Coward · · Score: 1, Funny

    the thing is... you are that lazy just like the rest of the cunts and fags around here. go fuck yourself and your stupid shit. you're not going to do anything but continue to steal music and i hope the riaa puts your nuts in a vice and twists them off.