Copyright Law

Amicus brief defending due process defense to statutory damages filed in SONY BMG Music Entertainment v. Tenenbaum, by Free Software Foundation

By Ty Rogers and Ray Beckerman

In SONY BMG Music Entertainment v. Tenenbaum, in Boston, the Free Software Foundation has moved for permission to file an amicus curiae brief defending the defendant's due process defense to the RIAA's claim for statutory damages.

The same issue was litigated in UMG Recordings v. Lindor, where the Court rejected the RIAA argument that the defense was futile, holding that "[P]laintiffs can cite to no case foreclosing the applicability of the due process clause to the aggregation of minimum statutory damages proscribed under the Copyright Act. On the other hand, Lindor cites to case law and to law review articles suggesting that, in a proper case, a court may extend its current due process jurisprudence prohibiting grossly excessive punitive jury awards to prohibit the award of statutory damages mandated under the Copyright Act if they are grossly in excess of the actual damages suffered....."

See law review article: "Grossly Excessive Penalties in the Battle Against Illegal File-Sharing: The Troubling Effects of Aggregating Minimum Statutory Damages for Copyright Infringement" By J. Cam Barker, 83 Texas L. Rev. 525 (2004)[Copyright Texas Law Review Association 2004][Reprinted with permission]*

Motion for leave to file amicus curiae brief
Proposed amicus curiae brief

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player

Full post as published by Recording Industry vs The People on March 20, 2009 (boomark / email).