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Court Will Examine The Constitutionality Of RIAA Fines

from the a-big-loss-for-the-RIAA dept

When the RIAA sues people for unauthorized uploading of songs, they usually put a price between $750-per-song to $30,000-per-song in losses. Many have argued that this seems rather excessive -- especially considering how much the songs are actually sold for. A year and a half ago, there was a scholarly paper that examined whether the RIAA's excessive loss claims were unconstitutionally excessive. With that in mind, it wasn't that surprising earlier this year to see one defendant in an RIAA suit question the constitutionality of the $750 number that was trotted out in her case. At the time, we stated that the reasoning used to back this up seemed much weaker than the reasoning in the law review article, but as lawyer Ray Beckerman (who is involved in the case) explained, the filing was limited in length and only needed to serve a specific purpose. It also looks like they were later able to submit either the law review article we mentioned, or other supporting documents. No matter what happened, the judge has now ruled that it is a perfectly legitimate question, and will be included as part of the case. The judge tossed out all of the RIAA's objections, noting that the defendant actually backed up their claim with case law and law review articles. The RIAA, on the other hand, could offer no similar case law to explain why the constitutionality of the fines couldn't be questioned. Of course, who knows how the case will turn out, but should the RIAA lose, it would be pretty damaging for them. They use the threat of the $750/song (or higher) fines as a way to bully people into just settling, rather than fighting -- even if they know they're innocent.

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  1. identicon
    Ap, 10 Nov 2006 @ 6:39am

    Civil Suits

    Civil suits are filed in an attempt to make the plaintif 'whole' again. So the plaintif can recover his or her losses if and when those losses are shown to have been the fault of the defendant. Punitive damages may be awarded as well, of course but for that to happen I believe the defendant must be worthy of punishment beyond the amount of the plaintif's loss. I believe that punitive damages are seperate from actual losses and as are awarded or imposed (all depends on your point of view I suppose) at the discretion of the court. So where does the RIAA get their numbers? Yes the Sun never shines there. Are their (RIAA) lawyers ever able to convince a jury that their requested compensation is realistic? I really don't understand why this question of a defensible amount of damages hasn't been brought up before by any of the defendant's lawyers.

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