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."

Comments

Don't tag it that...

[GameboyRMH]

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.

Re:WRONG

[MrNaz]

You mean I'm related to all the AC trolls around here?

Damn you, as if my self esteem wasn't low enough already.

Re:Exxon Valdez damages were limited too

[NewYorkCountryLawyer]

Does the word "hypocrite" come to mind?

Actually, estoppel came to mind first.

Only a lawyer could say that.

Re:Exxon Valdez damages were limited too

[NewYorkCountryLawyer]

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.