NewYorkCountryLawyer's Journal: Unconstitutionality of RIAA Damages Theory May be Defense

In UMG v. Lindor, in Brooklyn federal court, the presiding judge has held that Marie Lindor can try to prove that the RIAA's claim of $750-per-song statutory damages is a violation of the Due Process Clause of the Constitution, since she has evidence that the actual wholesale price of the downloads is only 70 cents. This decision activates an earlier ruling by the Magistrate in the case that the record labels must now turn over "all relevant documents" regarding the prices at which they sell legal downloads to online retailers, and produce a witness to give a deposition by telephone on the subject. Judge Trager rejected the RIAA's claim that the defense was frivolous, pointing out that the RIAA had cited no authorities contradicting the defense, but Ms. Lindor's attorneys had cited cases and law review articles indicating that it was a valid defense. See Decision at pp. 6-7.

Good

[ryanr]

I'm glad to see the automatic statutory damages (my wording, hope that's clear what I mean) is being challenged.

Surely that must have been tested in other trials already, though?

Re:Good

[NewYorkCountryLawyer]

I'm not aware of any. In fact I'm not even aware of any trials.

Re:

[ryanr]

Are there many laws with statutory damages in the first place? I can think of copyright violations, anti-spam laws, and not much else. But of course, I tend to only pay much attention to laws that affect computer users...

Re:

[ryanr]

Oh...and maybe things like speeding and parking tickets?

Re:

[account_deleted]

Comment removed based on user account deletion

Re:

[NewYorkCountryLawyer]

"Big Lie" is a good signature for you. I assume you're an RIAA troll. In fact Ms. Lindor has never even used a computer in her life, so go somewhere else to spread your lies.

Statutory Damages as Unconstitutional

[Compulawyer]

Hmmm ...... very interesting theory. I wish I had thought of it first. I am not aware of any cases holding that statutorily mandated damages are unconstitutional. Where can I get a copy of the briefing on this issue?