New RIAA Lawsuit Defense Tactic: Admit Liability, Challenge the Law

[curzlgt]

Story : http://blog.wired.com/27bstroke6/2008/07/new-riaa-lawsui.html

Here's a unique defense to a Recording Industry Association of America file sharing lawsuit: Admit liability and challenge the law under which you're being sued.

That's what a Bronx woman did Monday in New York federal court (.pdf). Denise Barker is accused of file sharing eight songs on the Kazaa network in 2004. If found liable, she faces fines under the Copyright Act of $750 to $150,000 per song.

Barker's attorney, Ray Beckerman, admitted the woman file shared and challenged the constitutionality of the Copyright Act, the law under which the RIAA sued Barker and thousands of others. The fines the act authorizes for each download is unconstitutionally excessive and against U.S. Supreme Court precedent, Beckerman said.

Beckerman, who writes the Recording Industry vs The People blog, estimated its costs the industry $3.50 per download, meaning the penalties could exceed thousands of times the actual injury to the industry. Rulings by the U.S. Supreme Court and other courts say financial punishments exceeding a 9-to-1 ratio are unconstitutional.

[Downloader]

Go Ray! fight for some REAL change!

[Terrian]

that will bugger the **AA if the defense proves successful ...

[Captain America]

If there is a law that says "Rulings by the U.S. Supreme Court and other courts say financial punishments exceeding a 9-to-1 ratio are unconstitutional." All Mr. Beckerman has to do is prove that ratio, and it should be case closed.

[TorrentMama]

" All Mr. Beckerman has to do is prove that ratio, and it should be case closed.

Should is the key word in that statement. unfortunately what should happen and what does happen are often very different..

but of course, I have faith in the always sexy mind of Mr. Beckerman.

this is a long overdue challange....

If he wins this one, I'm going to send him some business cards that read:
Ray Beckerman, RIAA Death Knell

can you imagine if she's found liable and has to write the RIAA a check for like 6 dollars. roflmao. bastards probably would still demand certified funds. 6 bucks to the RIAA - legendary.. sexiest check ever written.

[liquidmonkey]

this is very very long overdue although had no idea one could even challenge the stupid fee's they wish u2 pay.

great work on this attorney and i hope that he wins.
i mean, that would put an end to their 'bully and fear' campaign that has gone on for a few years now.

hahaha, 9 times 3.50 is nothing ALTHOUGH, i've noticed in the past that if someone gets caught downloading a few thousand songs the RIAA only goes after the person for a few dozen. if this case goes through, the RIAA will most likely change its tune and go for the whole nine yards if u know what i mean.

[Paladwyn]

hahaha, 9 times 3.50 is nothing ALTHOUGH, i've noticed in the past that if someone gets caught downloading a few thousand songs the RIAA only goes after the person for a few dozen. if this case goes through, the RIAA will most likely change its tune and go for the whole nine yards if u know what i mean.

The thing is the RIAA can only go after the songs that they can either prove and more importantly, only songs they have the right to protect. So, out of 1000 of those songs, maybe only a few dozen of them are RIAA supported, the rest...they don't care about.

Sorry, they do CARE about, and would love to sue you over them and reap all the money for them, but that would be against the law.

[piXelatedEmpire]

but of course, I have faith in the always sexy mind of Mr. Beckerman.

I bet it's been a loooong time since anyway said this about Ray's mind!