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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."

4 of 281 comments (clear)

  1. Hmmmm by Anonymous Coward · · Score: -1, Troll

    I don't recall anything in the Constitution protecting an individual's right to steal.

  2. Re:Goatse by Anonymous Coward · · Score: -1, Troll

    The world looks mighty good to me
    'Cause Goatse Holes are all I see
    Whatever it is I think I see
    Becomes a Goatse Hole to me

    Goatse Hole how I love your rectumy view
    Goatse Hole I think I'm in love with you

    Whatever it is I think I see
    Becomes a Goatse Hole to me

    (69 in the place to be
    Hey yo, 'Ski! What we came to see?
    Cotton candy, sweetie, go,
    Let me see the Goatse Hole!)

  3. obama supports the riaa by Anonymous Coward · · Score: -1, Troll

    and he also supports fucking white women and making white men suck on his dick as restitution for slavery. if you're white you are guilty in his eyes and he'll make sure you know if for his term in office.

    2008. the first election won by playing the race card.

    get use to it white boy. there will be no social programs for you.

  4. Re:Just wait... by ijakings · · Score: 0, Troll

    Who says you need to amend it?

    The bush administration has just trampled all over it, dont need it to be re written if its already been raped.