FSF Files Amicus Brief In RIAA Case

NewYorkCountryLawyer writes "The Free Software Foundation has requested permission to file an amicus curiae brief in an RIAA case, SONY BMG Music Entertainment v. Tenenbaum, defending the defendant's Due Process defense to the RIAA's claim for statutory damages. In the brief [PDF], FSF cites some of the leading authorities for the defense, including the 2003 decision of the US Court of Appeals for the 2nd Circuit in Parker v. Time Warner, which held that excessive statutory damages are subject to the same due process test applicable to punitive damage awards by juries. Additionally, the brief cites three district court decisions, including UMG v. Lindor, and two law review articles — all of which deal specifically with Copyright Act statutory damages applicable to infringement of an MP3 file — to like effect."

Comments

I'm not sure which will happen first...

[erroneus]

...will there be an end to these suits which were claimed to have been stopped long ago or...

Will I be able to cause all of their heads to explode using the powers of my mind?

Yay!!!

[Jane Q. Public]

I just love it when a plan comes together.

Analogy

[Jane Q. Public]

When a whole new army of Good Guys come riding over the horizon, armed with their magical incantations of Facts and Citations, it may not be the end of the movie but the tide of the war may be turning, and it's a part you probably don't want to miss.

Re:Analogy

[CodeBuster]

it may not be the end of the movie but the tide of the war may be turning, and it's a part you probably don't want to miss.

Can we all go charging down the mountain side while the light of dawn streams down from behind us (although NYCL might look a bit odd leading the charge in white robes on a white horse)?

Re:Analogy

[beav007]

Are they riding in cars?

Indefensible!

[foniksonik]

"defending the defendant's Due Process defense"

This sentence construction is indefensible!