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

Focusing too much on the minutia?

[Mrs. Grundy]

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.

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:Focusing too much on the minutia?

[Jane Q. Public]

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".

Re:Focusing too much on the minutia?

[NewYorkCountryLawyer]

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.

Re:NewYorkCountryLawyer

[Loadmaster]

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.

Re:NewYorkCountryLawyer

[The FNP]

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.

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: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.