FSF Files Amicus Brief In RIAA Case 73
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."
Re:Focusing too much on the minutia? (Score:5, Informative)
Re:Focusing too much on the minutia? (Score:3, Informative)
This *stuff* lives and dies by the minutiae. Good to see that the court gets plenty o'reasons to look at the precedents. Could save some fees.
Re:Why the FSF? (Score:4, Informative)
The FSF is working with The Recording Industry vs. the People to provide an Exper Witnesses Fund. Basically, they're providing computer experts to combat the misinformation spouted by the RIAA concerning technology.
http://recordingindustryvspeople.blogspot.com/2007/11/expert-witness-defense-fund-for-riaa.html [blogspot.com]
https://www.fsf.org/associate/riaa [fsf.org]
Re:Why the FSF? (Score:5, Informative)
As an organization dedicated to the rights of computer users and their interaction with copyrighted works, we are concerned with the RIAA's attempt to redefine copyright law through legal proceedings against individuals who are generally unable to defend themselves.
Re:I think you missed the point (Score:1, Informative)
My grandmother's computer got rooted by Sony.
My cousin got extorted freshmen year of college.
We all need to care about the RIAA.
They will die naturally in 10 years ; but, we
need to help the process along.
GuloGulo, I hope your mother doesn't get rooted
by Sony.
Re:True Irony Alert! (Score:4, Informative)
There is some true irony here as one of the Plaintiffs in this case who is arguing that such damages shouldn't be limited to a single-digit ratio of actual damages, argued (and won) in an Appeals Court case when they were the Defendant that such damages should be so limited.
Yes, when UMG Recordings was a defendant [blogspot.com] it was crying a very different tune. All of a sudden the Constitution counted, and 'deterrence' wasn't so important.
Re:NewYorkCountryLawyer (Score:4, Informative)
While I do agree he is helping - a bit of translation for those of us who aren't native English speaking (nor understand US legal system) would very much be appreciated.
I'm sorry but my priority has to be get the unvarnished facts out there. If I start watering stuff down, I'm afraid I'll start describing things incorrectly. And to me it seems that the most important role I can play is to report the news, and get the litigation documents online.