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Constitutionality of RIAA Damages Challenged

Posted by ScuttleMonkey on from the too-bad-common-sense-and-the-law-don't-mix dept.

NewYorkCountryLawyer writes "In SONY BMG Music Entertainment v. Tenenbaum, the defendant has filed a motion for new trial, attacking, among other things, the constitutionality of the jury's $675,000 award as being violative of due process. In his 32-page brief (PDF), Tenenbaum argues that the award exceeded constitutional due process standards, both under the Court's 1919 decision in St. Louis Railway v. Williams, as well as under its more recent authorities State Farm v. Campbell and BMW v. Gore. Defendant also argues that the Court's application of fair use doctrine was incorrect, that statutory damages should not be imposed against music consumers, and that the Court erred in a key evidentiary ruling."

12 of 360 comments (clear)

  1. Let me be the first to express this sentiment. by Anonymous Coward · · Score: 2, Funny

    Duh.

  2. Re:Good luck on that one by dotwaffle · · Score: 2, Funny

    They obviously need to read RFC2119 then...

  3. Re:Good luck on that one by PopeRatzo · · Score: 4, Funny

    So where's the register of music that's been bought for me so I can collect?

    The Pirate Bay dot org.

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    You are welcome on my lawn.
  4. Re:still flogging this old dead horse? by PopeRatzo · · Score: 2, Funny

    It was much funnier when it was done by Sid Caesar.

    Much.

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    You are welcome on my lawn.
  5. Re:still flogging this old dead horse? by Anonymous Coward · · Score: 1, Funny

    sharing a Britney Spears album

    This really isn't helping your argument about the punishment being too harsh.

  6. Re:Good luck on that one by hack++slash · · Score: 4, Funny

    I'll always remember the quote of a fellow IRCer back when Napster was like a free version of iTunes:

    "Napster's great, you can download all the tracks you were too embarrassed to buy in the shops"

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    To do something right, you often have to roll up your sleeves and get busy.
  7. Re:still flogging this old dead horse? by Anonymous Coward · · Score: 1, Funny

    Sure, he should pay a fine.

    One in the order of, say, $675, not $675000.

    Under Supreme Court guidelines, it should have been more along the line of $30 or $40.

    Given the crappiness of what passes for music these days, the ceiling should have been set at a nickel per song -- and wooden ones at that.

  8. Re:still flogging this old dead horse? by Thinboy00 · · Score: 2, Funny

    RIAA/MPAA's classic settlement offer is whatever-you-have plus a dollar

    Bull. Their settlement offer is almost always a few thousand dollars, tops.

    Wait, they sued someone who could afford that? When did this happen?

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    $ make available
  9. Re:Thanks slashdot by koreaman · · Score: 2, Funny

    You must be a hit at parties.

    Or maybe Model UN conferences.

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    Le français vous intéresse?
  10. Re:still flogging this old dead horse? by binaryspiral · · Score: 2, Funny

    He offered $500 to Sony, to my knowledge, and they turned him down and have now succeeded in the big bucks.

    Sony needed much more to offset the cost of developing and marketing all their proprietary formats... ATRAC, MiniDiscs, and MemorySticks all took a lot of effort you know.

  11. Re:still flogging this old dead horse? by Donkey_Hotey · · Score: 3, Funny

    Wooden Nickelback?

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  12. Re:Good luck on that one by Goodl · · Score: 2, Funny

    Kryten: RFC2119 sir? No member of the Corps should ever report for active duty in a ginger toupee?

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