Comment Answers to All Three Tests (Score 1) 439
1) the degree of reprehensibility of the defendant's actions
File sharing with the intent to avoid paying for a product or help others circumvent paying for a product is, at least to some degree, reprehensible. (I am assuming objectivity and being reasonable.) However, from the facts of this particular case, it doesn't seem that the act is so blatantly reprehensible that it warrants a life-sentence worth of monetary damages.
2) the disparity between the harm to the plaintiff and the punitive award
This seems huge to me. Though I don't have the facts on this case and might judge differently if I did, it seems that the RIAA will have an incredibly hard time showing that the damages they incurred are even one a hundredth of the punitive damages. The 24 songs this woman had available would have to have been WIDELY disseminated to reach that kind of number. It will be interesting to see what kind of evidence they produce to address this question.
3) the similarity or difference between the punitive award and civil penalties authorized or imposed in comparable situations.
This is where the Eighth Amendment has tangential application. (None that takes direct legal effect, but still affects the approach that the courts' take.) This is obviously an incredibly excessive fine. Punitive damages, as the name obviously indicates, act to "punish" the individual for bad behavior. Two-million dollars as punishment for twenty-four files could very easily be considered excessive, egregious, unconscionable, or any other term for "whacked out" that I can think of.
File sharing with the intent to avoid paying for a product or help others circumvent paying for a product is, at least to some degree, reprehensible. (I am assuming objectivity and being reasonable.) However, from the facts of this particular case, it doesn't seem that the act is so blatantly reprehensible that it warrants a life-sentence worth of monetary damages.
2) the disparity between the harm to the plaintiff and the punitive award
This seems huge to me. Though I don't have the facts on this case and might judge differently if I did, it seems that the RIAA will have an incredibly hard time showing that the damages they incurred are even one a hundredth of the punitive damages. The 24 songs this woman had available would have to have been WIDELY disseminated to reach that kind of number. It will be interesting to see what kind of evidence they produce to address this question.
3) the similarity or difference between the punitive award and civil penalties authorized or imposed in comparable situations.
This is where the Eighth Amendment has tangential application. (None that takes direct legal effect, but still affects the approach that the courts' take.) This is obviously an incredibly excessive fine. Punitive damages, as the name obviously indicates, act to "punish" the individual for bad behavior. Two-million dollars as punishment for twenty-four files could very easily be considered excessive, egregious, unconscionable, or any other term for "whacked out" that I can think of.