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

Re:Focusing too much on the minutia?

[NewYorkCountryLawyer]

There is always a motion for leave to file amicus brief filed with the amicus brief. The amicus brief itself is attached. That is the only filing.

Re:Why the FSF?

[Loadmaster]

The FSF is working with The Recording Industry vs. the People to provide an Exper Witnesses Fund. Basically, they're providing computer experts to combat the misinformation spouted by the RIAA concerning technology.

http://recordingindustryvspeople.blogspot.com/2007/11/expert-witness-defense-fund-for-riaa.html

https://www.fsf.org/associate/riaa

Re:Why the FSF?

[NewYorkCountryLawyer]

I think they pretty well explained their interest in the case when they said:

As an organization dedicated to the rights of computer users and their interaction with copyrighted works, we are concerned with the RIAA's attempt to redefine copyright law through legal proceedings against individuals who are generally unable to defend themselves.