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.

Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Anonymous Coward, 10 Nov 2006 @ 6:58am

    Poster 10: It is up to the RIAA to prove how many people downloaded it and what the ACTUAL cost is. There in lies the problem, our courts do allow for a small percentage of speculation, but our courts also REQUIRE evidence that someone actually did download it from someone elses computer. Herein lies the next problem, if the person who downloaded it NEVER intended to buy it and only receieved it because it was available, it may have LESS WORTH than someone who decided not to buy the CD but downloaded for convenience only.

    Quite honestly, this could be the SINGLE BIGGEST break in all this crap. The RIAA will have to perform real investigative work, which they cannot do, and this could seal the coffin shut.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown for basic formatting. (HTML is not supported.)
  • Remember name/email/url (set a cookie)

Follow Techdirt
Techdirt Gear
Shop Now: Copying Is Not Theft
Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

Close

Email This

This feature is only available to registered users. Register or sign in to use it.