Slashdot Mirror
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."
It'll be a suddenoutbreakofcommonsense when the RIAA realizes how stupid they're being...which will be when they're all dead.
An AC troll posted a nice line on an article yesterday I won't forget:
"You can stop eating to lose weight, but you'd have to stop breathing to lose stupid"
So true.
"When information is power, privacy is freedom" - Jah-Wren Ryel
Everyone on the intertubes is one big happy family.
You would incur 1000 separate civil suits, each alleging the partial distribution of a copyrighted work.
Unable to go to each of the hearings, you would lose by default, and pay 1000*$3.50/1000 = $3.50...plus attorney's fees for 1000 separate lawsuits, totalling $3,000,003.50.
Take it to the limit, everybody to the limit, come on, everybody fhqwhgads.
This would fit nicely with the puntative damages model that are currently used for financial, anti-trust, and counterfeit fraud called "Treble damages".
Yes, but what about the damages caused by tribbles? As we are all aware, songs are still sung on Qo'noS of the Great Tribble Hunt.
"The fight for freedom has only just begun." - Geert Wilders
You mean I'm related to all the AC trolls around here?
Damn you, as if my self esteem wasn't low enough already.
I hate printers.
Awe, I love you too. *HUG*
That is exactly what I mean. C'mon, you know I wouldn't lie to you like that -- we're family.
It's time that someone had the courage to stand up and say: "I'm for that guy everybody loves".
Thank you, Sir_Real. Thank you for doing the work that we didn't need to do for the karma. Thank you. Thank you.
(Now, where's my sarcasm mark...)
If your theory is different from practice, then your theory is wrong.
Does the word "hypocrite" come to mind?
Actually, estoppel came to mind first.
Only a lawyer could say that.
Ray Beckerman +5 Insightful
So I'll just say it on behalf of (most of) the slashdot audience. Thank you. Thank you for doing the work that we didn't, couldn't or were unwilling to do. Thank you for carrying a heavy, unwieldy torch. Thank you. Thank you. Thank you.
It's time that someone had the courage to stand up and say: "I'm for that guy everybody loves". Thank you, Sir_Real. Thank you for doing the work that we didn't need to do for the karma. Thank you. Thank you.
And thank you, Xeth. Thank you for doing the work I didn't have the time to do which was to to thank Sir_Real.
And thank you Sir_Real, both for your kind words, and for inspiring Xeth.
And most of all, let's not forget to thank the RIAA lawyers, who give me all my best material.
Ray Beckerman +5 Insightful
Hey could you start one of your posts with "IAAL"? Just for me? It would make my day. :p
Nah, it would sound too much like I'm trying to pull rank. Just because IAAL doesn't make me right. Just because IAAL doesn't mean IAAGL, I could be ABL, or even AVBL.
E.g., look at the RIAAL's. They're VBL's. Theoretically, TAL's, but they don't act like L's, and they don't know their A's from their E's.
In fact, if the RIAAL's really AL's, then I'm ashamed to be a L, and maybe IANRAL at all.
Ray Beckerman +5 Insightful
> This is why stealing a Britney Spears CD has a more serious penalty than payback of the $8 price tag.
Too right: it becomes a matter of public record, and so then you have to live with the shame that you wanted a copy !! (Saying it was for your kid sister will cut no ice !)