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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. 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.

  3. 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.