Slashdot Mirror


RIAA Litigation May Be Unconstitutional

dtjohnson writes "A Harvard law school professor has submitted arguments on behalf of Joel Tenenbaum in RIAA v. Tenenbaum in which Professor Charles Nesson claims that the underlying law that the RIAA uses is actually a criminal, rather than civil, statute and is therefore unconstitutional. According to this article, 'Nesson charges that the federal law is essentially a criminal statute in that it seeks to punish violators with minimum statutory penalties far in excess of actual damages. The market value of a song is 99 cents on iTunes; of seven songs, $6.93. Yet the statutory damages are a minimum of $750 per song, escalating to as much as $150,000 per song for infringement "committed willfully."' If the law is a criminal statute, Neeson then claims that it violates the 5th and 8th amendments and is therefore unconstitutional. Litigation will take a while but this may be the end for RIAA litigation, at least until they can persuade Congress to pass a new law."

7 of 281 comments (clear)

  1. Goatse by Anonymous Coward · · Score: -1, Offtopic

    Would anyone like a nice cup of Goatse?

  2. Re:Just wait... by Anonymous Coward · · Score: -1, Offtopic

    You took to long. More like 4th post.

  3. Bleh by collinstocks · · Score: -1, Offtopic

    I took too long :(

    1. Re:Bleh by Anonymous Coward · · Score: -1, Offtopic

      This is just not your day.

  4. Re:Hmmmm by Gizzmonic · · Score: 0, Offtopic

    Yeah, me neither. Of course, I was pretty baked when I saw it. I think it had Mel Gibson in it, and like, there was a chase scene where he yelled "Give me back my son!" That was a pretty good movie, if I'm thinking of the same one.

    --
    (-1, Raw and Uncut is the only way to read)
  5. Re:Hmmmm by Anonymous Coward · · Score: -1, Offtopic

    You stole the whole damned country from us, you colonial kike cunts.

  6. Re:Unconstitutional by Miseph · · Score: -1, Offtopic

    Isn't that the one about false idols?

    It's OK, because when our first president Jesus returns to throw out all of the activist judges and greedy liberals and establishes his constitutionally promised Kingdom of Democracy we can finally live in peace and cooperation and help those in need. That's why you should vote for John McCain, the first and only candidate to ever have faith in God, and if you don't then Jesus will hate you forever and you'll go to hell with the abortionists and queers. And remember, God wants you to be wealthy, because only rich people can get into heaven; it says so in the Bible.

    The sad part is that I'm sure there are people out there who don't think any of that is completely ridiculous, let alone that it's all outright lies.

    --
    Try not to take me more seriously than I take myself.