Constitutionality of RIAA Damages Challenged

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."

Comments

Re:Thanks slashdot

[sexconker]

Of course, if two Circuit Courts give different rulings on said topic, then it would almost certainly end up in front of the US Supreme Court.

The Supreme Court takes on as few cases as possible. Because they're lazy and don't want to expose their corruptions, or, at the very best, they don't want to be seen as "rocking the boat".

Supreme Court Justices should not be appointed for life by the President. They should be elected by popular vote to a term of 10 years. Oh, and NO CAMPAIGNING OR PARTY AFFILIATION AT ALL should be allowed.

People wishing to vote on the matter would have to (assume gasping positions!) look up the candidate's prior rulings and think for themselves.

Re:If the fees are high to discourage people...

[gmhowell]

If a 10 over cost $300 you were in a workzone or a school zone and you should have been fined twice as much.

And you state this based on what expertise in the law of 50 states and countless territories? (Or, heaven forbid, foreign countries.)