What principle, exactly, is he fighting for? The right to flaunt existing copyright law and then lie about it? Or the right to destroy evidence?
No, constitutional due process... the principle that statutory damage awards are supposed to bear some reasonable relation to the actual damages sustained.
What is the State Farm/Gore test, and how is it conducted?
After the jury's verdict, if the judge finds the verdict for punitive or statutory damages to be out of all reasonable proportion to the actual economic harm sustained, it is supposed to reduce the verdict to a number that bears a reasonable proportion to the harm sustained. The Supreme Court noted that it will rarely be a number higher than 10x the actual damages. In finding the magic number, the court weighs various factors, such as the outrageousness of the defendant's conduct, etc. Regular copyright law also requires that copyright statutory damages bear some reasonable relationship to actual damages. In non-RIAA cases the courts usually sustained multiples of 2 to 4 times the actual damages.
Can't this kid just file for bankruptcy?
Yes he could. But there's no point in doing it now, the case isn't over. He's fighting for a principle here. He has a right to appeal, and I believe the US Court of Appeals for the First Circuit will reverse this decision.
Agreed, the jury in this case should be ASHAMED of themselves. There are people who are at fault accidentally killing other human beings who receive less punishment than they are handing out for someone "stealing" 30 songs. The verdict handed down in this case is a life destroying verdict for a young man. That the RIAA keeps appealing for its huge award is DISGUSTING. Giant corporate entities are working at utterly destroying one person's life. The RIAA deserves every ounce of contempt and disdain it gets from the people. For companies that like to believe that they create things that move human emotions and make people think, the RIAA collectively is a horribly dark, twisted, and evil group of people (and the MPAA is even. worse.)
Very well said.
Remember the Stack-On press release that touted the fact that their containers met “TSA airline guidelines” as if this endorsement is added evidence of the security of their products? We tested these containers, and the reality is they can be opened in a variety of ways including with a tiny piece of brass by a three year old.
That pretty much says it all right there. The TSA approves something because it can be opened by a three-year-old, meaning their own employees might have a 50/50 shot at it.
Frankly, your attempt to put words in my mouth, impugn my credibility, and suggest some ulterior motive (to the point of demanding to know who my employer is) is insulting, rude, and unprofessional. But I'm sure you didn't actually intend any of that and will apologize momentarily.
Mr. Theaetetus
1. Don't hold your breath.
2. I've come to the conclusion that you are a troll and/or shill, and will ignore you accordingly.
The cost of feathers has risen, even down is up!