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Supreme Court May Tune In To Music Download Case
droopus writes "The US Supreme Court is weighing into the first RIAA file-sharing case to reach its docket, requesting that the music labels' litigation arm respond to a case testing the so-called 'innocent infringer' defense to copyright infringement. The case pending before the justices concerns a federal appeals court's February decision ordering a university student to pay the Recording Industry Association of America $27,750 — $750 a track — for file-sharing 37 songs when she was a high school cheerleader. The appeals court decision reversed a Texas federal judge who, after concluding the youngster was an innocent infringer, ordered defendant Whitney Harper to pay $7,400 — or $200 per song. That's an amount well below the standard $750 fine required under the Copyright act. Harper is among the estimated 20,000 individuals the RIAA has sued for file-sharing music. The RIAA has decried Harper as 'vexatious,' because of her relentless legal jockeying."
If I'm going to face a life time punishment (how long it takes to pay off a million dollar fine), it might as well be for something worthy.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
Since the advent of these cases it has been clear that the intent was to bury people financially and for the **AA to use the courts as a bludgeon to scare the rest of the populace--not the pursuit of justice. Now they're upset because someone with nothing to lose (ruinous legal judgments that cannot reasonably be paid back by an individual tends to create that mentality) has decided to use their own strategy against them? Tough $#@! **AA. Bed. Made. Lie.
How do you like this taste of your own medicine? Hopefully this kind of thing will catch on and more people will choose to drag their cases out for as long as possible and this will cost the **AA so much more than they anticipated.
--bornagainpenguin
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And just out of curiosity can someone tell me why punitive damages should be awarded to the plaintiff? Why should someone make more money in a court of law then they otherwise would. I mean real damages I'm ok with, they're real. Punitive damages though are just some arbitrary number assigned to case. The plaintiffn has no right to that money, it doesn't belong to them, so why should they be awarded it.
If i had one dollar for every brain you dont have, i would have $1.
What we should be considering is whether the $750-to-200,000-per-file fine is constitutional, more than whether someone knew it was copyright. Seriously, find me another crime (especially civil) that has a heavier penalty, even a punitive one.
It's not wrong, it's illegal. There's an important difference.
"Who is the Journal of Quantum Physics going to believe?" --Stephen Hawking
If the 'innocent infringer' defense doesn't fly, how about awarding full damages? $0.99 cents per song seems reasonable. If she left bittorent running till the share ratio hit 2.0, maybe she should even pay &1.98 per song. Thats like 70 bucks, or three albums. The price is steep, but she did "steal" the songs. The RIAA deserves to be fairly compensated for their losses.
What I find more entertaining is how the MafiAA - who've been slapped back and forth for filing false testimony (perjury), filing mountains of paperwork trying to bury defendants (barratry), caught in price-fixing collusion (conspiracy), falsifying evidence (forgery), providing "evidence" that was the result of deliberate computer crime on the part of their own "investigators", using "investigators" that they knew were not licensed for the investigations, and repeatedly filing SLAPP lawsuits against groups like the EFF - have the temerity to still be pushing this garbage.
Oh, and then there's their abusive filings of dozens if not hundreds of lawsuits at once, based on nothing but "information and belief" with no actual evidence, where they try to get the identities of people and then harass and threaten them in what has been best described as an organized, big-business-sanctioned extortion ring.
What a lot of these judges in the past have written at the lower-court level, especially when they greenlight these extortion racket tactics, make me suspect bribery to be in play as well.
They have been systematically stripping individuals of rights while handing more power to the government
Except for those pro-gun 2nd Amendment rulings in Heller and McDonald.
The "conservative" SCOTUS
Pssst, your editorial bias is showing!