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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."
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.
...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?
I just love it when a plan comes together.
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.
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.
A little off topic, but I wonder what if anything the RIAA actually has accomplished from all these years of lawsuits. People hate them, is the money coming in at all? Does it really come down to just the principle of the matter now?
The musings of just another geek and his junk.
Because those of us who have been following along with the RIAA and MPAA and Pirate Bay and Microsoft and Psystar and the EFF and Apple and AT&T and Verizon and Comcast and every other technologically relevant entity who can hire a lawyer and a PR person has now given us a basic understanding of the way these cases work.
Ray may have already helped me skip the first year of law school, just because of the sheer volume of information he has provided to the /.ers who have been paying attention. If you're new here, read his blog archives and get an idea of what he's already contributed to the community.
--The FNP
P.S. I apologize for feeding the A.C., but I've got Karma to burn.
"defending the defendant's Due Process defense"
This sentence construction is indefensible!
A fool throws a stone into a well and a thousand sages can not remove it.
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
Of course this is where you attempt to find some reason why shit you're posting still matters, the whole while thinking the echo chamber you live in in representative of reality.
RIAA is a joke, and you're an even worse joke for wasting so much time posting trivial shit about them that no one who isn't a total loser cares about.
Wow, you run out of Prozac or something? If you don't like what the guy posts then don't read it, or better yet don't waste your time and anger commenting on it.
Sheesh!
"Nobody knows the age of the human race, but everybody agrees that it is old enough to know better." - Unknown
There is some true irony here as one of the Plaintiffs in this case who is arguing that such damages shouldn't be limited to a single-digit ratio of actual damages, argued (and won) in an Appeals Court case when they were the Defendant that such damages should be so limited.
Estoppel is the word that first comes to mind here.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
No I don't! The RIAA and MPAA are trying their mightiest to bring down the free exchange of ideas, knowledge, and data that we enjoy over the Internet as well as (with the help of Microsoft and Apple lackeys) control what you can and cannot do on your own personal computer. If you think this is some far off battle on some arcane legal minutiae that will never touch your own life, you are so wrong that there aren't words to describe how wrong you are.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
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.
Ray Beckerman +5 Insightful
While I do agree he is helping - a bit of translation for those of us who aren't native English speaking (nor understand US legal system) would very much be appreciated.
I'm sorry but my priority has to be get the unvarnished facts out there. If I start watering stuff down, I'm afraid I'll start describing things incorrectly. And to me it seems that the most important role I can play is to report the news, and get the litigation documents online.
Ray Beckerman +5 Insightful