Defendant to RIAA: 428,571 Times Actual Damages is Unconstitutional
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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[edited - duplicate thread]
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