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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."

15 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 NewYorkCountryLawyer · · Score: 4, Informative

      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.

      --
      Ray Beckerman +5 Insightful
    2. 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".

    3. Re:Focusing too much on the minutia? by NewYorkCountryLawyer · · Score: 4, Interesting

      Agreed Jane. And I think it's quite newsworthy that the Free Software Foundation has jumped into the fray, recognizing that the RIAA's tactic is to try to rewrite copyright law by suing defenseless people.

      --
      Ray Beckerman +5 Insightful
  2. I'm not sure which will happen first... by erroneus · · Score: 3, Funny

    ...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?

  3. Analogy by Jane+Q.+Public · · Score: 3, Funny

    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.

    1. Re:Analogy by CodeBuster · · Score: 4, Funny

      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)?

  4. 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.

  5. Sigh by mc1138 · · Score: 3, Insightful

    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.
  6. Re:NewYorkCountryLawyer by The+FNP · · Score: 5, Interesting

    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.

  7. Re:Why the FSF? by Loadmaster · · Score: 4, Informative

    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

  8. True Irony Alert! by Nom+du+Keyboard · · Score: 3, Interesting

    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."
    1. Re:True Irony Alert! by NewYorkCountryLawyer · · Score: 3, Informative

      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.

      Yes, when UMG Recordings was a defendant it was crying a very different tune. All of a sudden the Constitution counted, and 'deterrence' wasn't so important.

      --
      Ray Beckerman +5 Insightful
  9. Re:Why the FSF? by NewYorkCountryLawyer · · Score: 4, Informative
    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.

    --
    Ray Beckerman +5 Insightful
  10. Re:NewYorkCountryLawyer by NewYorkCountryLawyer · · Score: 3, Informative

    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