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Obama DOJ Sides With RIAA Again In Tenenbaum
NewYorkCountryLawyer writes "Despite having had some time to get their act together, Obama's Department of Justice has filed yet another brief defending the RIAA's outlandish statutory damages theory — that someone who downloaded an mp3 with a 99-cent retail value, causing a maximum possible damages of 35 cents, is liable for from $750 to $150,000 for each such file downloaded, in SONY BMG Music Entertainment v. Tenenbaum. The 25- page brief (PDF) continues the DOJ's practice of (a) ignoring the case law which holds that the Supreme Court's due process jurisprudence is applicable to statutory damages, (b) ignoring the law review articles to like effect, (c) ignoring the actual holding of the 1919 case they rely upon, (d) ignoring the fact that the RIAA failed to prove 'distribution' as defined by the Copyright Act, and (e) ignoring the actual wording and reasoning of the Supreme Court in its leading Gore and Campbell decisions. Jon Newton of p2pnet.net attributes the Justice Department's 'oversights' to the 'eye-popping number of people [in its employ] who worked for, and/or are directly connected with, Vivendi Universal, EMI, Warner Music and Sony Music's RIAA.'"
And two party system.
I never fully believed it, but for some reason I am rather annoyed that it actually looks that way (over certain things at least). I just went to whitehouse.gov and pasted a link to the /. story along with words of disappointment. Also I may have suggested I'd have been better of writing in Mickey Mouse in 2008 - since, like my hopes for Obama's "change", he too is a figment of my imagination.
No sig for you!!
Folks, what part of "The RIAA is in your pocket, and in your life" are you not getting?
Oh, I think we're getting it, all right.
Ray Beckerman +5 Insightful
Leave OBAMA alone
I'm all for the free state project thingy, but could you please choose a state with better weather? I mean the cold cold north east really!
Why bother
Vote with your dollars! This year, pay your taxes in hope. And if the IRS comes after you for that, you can pay them in change.
Obama hasn't yet denied causing a massive earthquake so that he can make himself look good coming to the rescue of poor black people. What is it he's trying to hide?
If legally permitted (I'm Canadian) I'll donate $100 to the Democratic Party if they appoint NewYorkCountyLawyer to head up the Department of Justice.
And I'll pay you $100 to remember I'm NewYorkCountryLawyer, not NewYorkCountyLawyer. [Just kidding. I wouldn't even know what $100 looks like]
Ray Beckerman +5 Insightful