Copyright Law

Will Obama DOJ intervene on side of RIAA? Asks for time to make up its mind in SONY BMG Music Entertainment v. Cloud

By Ty Rogers and Ray Beckerman

In SONY BMG Music Entertainment v. Cloud, a Pennsylvania case in which the RIAA's statutory damages theory -- seeking from 2200 to 450,000 times the amount of actual damages -- is being tested, the United States Department of Justice has filed papers indicating that it is considering intervening in the case to defend the constitutionality of such awards, and requesting an extension of time in which to make the decision.

United States Motion for Extension of Time in Which to Determine if Intervention is Appropriate

[Ed. note. Procedurally, this will test whether President Obama's announced policies against members of his administration participating in matters in which they were previously involved will be applied, since partners from Jenner and Block -- the architects of the RIAA's mass litigation campaign -- now occupy the second and third highest positions in the new administration's Department of Justice. According to the President's announced policies, they should be recused from this case.

Substantively, this will also be an interesting test of whether the Obama administration is going to live up to the President's pledge to stand up for the people, rather than for the big corporations.

This would be a good time to write to Pres. Obama and urge him NOT to intervene. It is time for this madness -- this war against kids and other helpless people -- to end.

Please pass this post along to your friends. -R.B.]

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Full post as published by Recording Industry vs The People on February 17, 2009 (boomark / email).