Home > slashdot > Tenenbaum’s Final Brief — $675k Award Too High

Tenenbaum’s Final Brief — $675k Award Too High

February 18th, 2010 02:59 admin Leave a comment Go to comments

NewYorkCountryLawyer writes “The final brief (PDF) filed by the defendant Joel Tenenbaum in SONY BMG Music Entertainment v. Tenenbaum seems to put the final nail in the coffin on the RIAA’s argument that ‘statutory damages’ up to $150,000 can be awarded where the record company’s lost profit is in the neighborhood of 35 cents. Not only do Tenenbaum’s lawyers accurately describe the applicable caselaw and scholarship, something neither the RIAA nor the Department of Justice did in their briefs, but they point out to the Court that the US Court of Appeals for the First Circuit — the appeals court controlling this matter — has itself ruled that statutory damages awards are reviewable for due process considerations under the guidelines of State Farm v. Campbell and BMW v. Gore. The brief is consistent with the amicus curiae brief filed in the case last year by the Free Software Foundation.”

Source: Tenenbaum’s Final Brief — $675k Award Too High

Related Articles:

  1. RIAA’s Tenenbaum Verdict Cut From $675k To $67.5k
  2. New Judge Assigned To Tenenbaum Case Upholds $675k Verdict
  3. Tenenbaum To SCOTUS: Let’s Get This Debate Rolling
  4. Obama DOJ Sides With RIAA Again In Tenenbaum
  5. Court Reinstates $675k File Sharing Verdict
blog comments powered by Disqus