KaZaA Defendant to RIAA: 428,571 Times Actual Damages is Unconstitutional

[Jorge]

New tactic in the fight against the RIAA is to admit guilt, but challenge copyright laws and argue that compensatory damages greater than 9 to 1 violates the Due Process Clause of the 14th amendment.
In the case of Elektra vs Barker attorney Ray Beckerman of Recording Industry vs the People is employing a new tactic in his longstanding tussle with the RIAA. He readily admits that his client did use the KaZaA file-sharing program and should be punished accordingly, but that actual damages should be limited to $3.50 per song she made available for a total of $750 if found liable.
Beckerman challenges the constitutionality of the statute awarding damages for copyright infringement to the extent it could be construed as authorizing more than nine times the actual damages.

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[drtoker]

The only problem I see (and it may not be an issue, i dunno) is that they are charging because it is made available for upload, and can be uploaded many times, not just once. I think the possibility of multiple uploads is where the increased fine comes into play, although they would probably have to prove how many times a song was uploaded in order to fine more then the cost of the song.

[Signa]

or you could pay 9 times the iTunes cost per song. it still could add up fast, but it would be fair, and follow (the retarded) law

[El Comandante]

I have always thought that this is the best way to attack infringement suits. The damages are hard to prove and speculative at best. Any lawyer will tell you that you have to prove your damages. Anything more than actual damages is punitive and usually requires outrageous or egregious conduct.

Watch this issue closely. I think it has the potential to neuter the recording industry. Unfortunately they will likely appeal this issue to the bitter end....