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FSF Files Amicus Brief In RIAA Case

Posted by ScuttleMonkey on from the can't-believe-the-riaa-still-thinks-this-is-a-wise-course-of-action dept.

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."

3 of 73 comments (clear)

  1. Focusing too much on the minutia? by Mrs.+Grundy · · Score: 4, Insightful

    I understand slashdot's obsession with the RI...really I do. But, don't you think stories like this that aren't really even news are getting a little too much attention? There is no decision, no new case, no new theory--not even the filing of an amicus curiae brief, just a petition to file an amicus curiae brief. Next we'll be hearing what the lawyers are eating for lunch.

    1. Re:Focusing too much on the minutia? by Jane+Q.+Public · · Score: 5, Insightful

      I do not understand why you think this "isn't news". It is, in fact, very encouraging good news: an important new fact regarding a case that is important and very relevant to today.

      The outcome of this case affects, indirectly, whole industries surrounding recorded music and video, and the software industry as well. Being a software engineer, I, for one, am VERY interested in any news surrounding this case.

      I will admit that this does not reflect a new decision, or other outcome. But that doesn't mean that it's "not news".

  2. Re:NewYorkCountryLawyer by Loadmaster · · Score: 5, Insightful

    Because he's a practicing attorney and doesn't have the time to break every event down into simple terms (that's what Groklaw is for). I'm sure he would if he could, but that's the way it is.

    I'm glad he does this, though, at least then we're made aware of happenings and can then go find further information about it.