Legal Jujitsu in a File

Charles Nesson, right, and Joel Tenenbaum are challenging a method record companies use to stop piracy.

Record companies belonging to the Recording Industry Association of America are suing Joel Tenenbaum, a 24 year old graduate student at Boston University, for downloading at least seven songs and making more than 800 others available over the peer to peer file sharing moncler outlet woodbury system Kazaa in 2004. The companies are seeking $12,000 in damages, and have refused Mr. Tenenbaum offer to pay $500 to settle the matter. moncler outlet store As the Associated moncler outlet prices Press reported on Monday, once the case goes cheap moncler jackets to trial, the dollar figures could become more punishing:

The Digital Theft Deterrence Act, the law at issue in the case, sets damages of $750 to $30,000 for each infringement, and as much as $150,000 for a willful violation. That means Tenenbaum could be forced to pay $1 million if it is determined that his alleged actions were willful.

The music industry group isn conceding any ground to Nesson and Tenenbaum. Attorney General that that he wanted to contest the law constitutional status. Mr. Nesson goal in making this argument is to the courts away from allowing themselves to be used like a low grade collection agency. Nesson argued in a motion[pdf] filed in late October asking that the case be allowed to go forward. Or, as Mr. It is against the statutory law, the law the legislature has passed, captured as it was and still is by special interest. role in the case; the plaintiffs suing Mr. Tenenbaum are record companies belonging to the association, not the association itself. Ed.

i had always marveled at how the RIAA was taking the moncler sale role of a police force purely through intimidation tactics moncler moncler sale outlet sale online which it was able to use thanks to a compliant congress.

part of the problem is the generational gap between the older (much older) congressmen who will never understand the cultural shift that has happened in regards to the concept of ownership of cultural artifacts and it compliance to record industry lobbyists.

the record industry is slowly learning to remake their business model, the only problem is that the major music labels are not part of it. I cannot wait for them to fight this case. It might finally force the major labels to abondon suing their customers, and, whether they believe it or uk moncler outlet not, re invigorate music purchasing. I just keep shaking my head at the fact, and asking why the major label corporations could be so damn stupid to think that the same public who they intimidate and SUE would EVER want to buy ANYTHING from them??? Ever heard of BRAND LOYALTY? When a company wants your business, they should not try to discount moncler jackets sue you. If these majors were smart, they stop going after online piracy, make a real stand against physical piracy (especially overseas), and offer consumers as many options as possible as part of an OPEN system. That puts the focus back on A so each company/label is competing for quality of music not just price, and also would allow for cheap moncler sale comptetition against iTunes. But for now, the majors are so closed minded that they think its a good idea to spend upwards of $56 MILLION/year in fees to fund the RIAA. Remind me again what they got for their money? Oh yeah, that right: a moncler usa bunch of overturned lawsuits, angry customers, loss of influence on popular culture, and a complete loss of relevence in the digital age. Why are they still in business? Oh wait, that right Warner stock just hit a new record LOW of 2.40/share. And moncler uk outlet guess what? YOU DESERVED IT WARNER, YOU KNEW WHAT WAS HAPPENING, AND YOU BROUGHT IT ON YOURSELF.

While I think the fines are excessive, it isn made entirely clear why that aspect should be a question. If Adam punches Bob in the face, Adam can be prosecuted for battery or he can be sued for Bob medical bills or both. The options are similar if Adam steals Bob car the operative question is whether or not the damages the RIAA claims are actual or punitive but in the case of (presumably) mandatory punitive damages, one might ask if this actually falls under moncler womens jackets punishment If we assert cheap moncler jackets womens that stealing a car is worse than stealing an MP3, why are there no such proportionate mandatory damages for Bob car?

Any legal experts in the house?

Recording Industry Association of America is suing Joel Tenenbaum is false and should be corrected. The RIAA did not sue Tenenbaum; individual recording companies did. The plaintiffs are, as Mr. Goodman would know if he bothered to review the actual papers in this lawsuit, Sony BMG https://www.monclerdownjacket.biz Music Entertainment; Warner Bros. Records Inc.; Atlantic Recording Corp.; Arista Records LLC; and UMG Recordings, Inc. The RIAA plays a coordinating role, but it it not a party to this or other similar lawsuits.

This is not just an innocent Rather, it evidence of bias, and a sign that Mr. Goodman has bought into the versus the people nonsense of the culture movement.

There is a long history of giving private plaintiffs a cause of action cheap moncler coats mens to take on the roll of a moncler outlet kind best moncler jackets of quasi private attorney general. Antitrust law is one obvious example that springs to mind. Private antitrust litigation was viewed as moncler sale outlet an additional benefit to complement the enforcement by the government. There are many other situations, like the Foreign Corrupt Practices Act where private actors with their own economic self interests can play a material roll in assisting the government in enforcing the law. Regardless of what you think of RIAA and their tactics, as a matter of law, this doesn look like a very promising strategy. Giving people a private right to vindicate public interests (and protection of the IP system is undoubtedly a legitimate public interest) is not particularly unusual. Although I haven seen the papers, I expect this kid to lose, and in a very big and ugly way.

Stupid laws are still laws, and everything you don much like isn unconstitutional. Best of luck to the prof., it looks like he need it.

There are several issues here that the Supreme Court erally should address:

First, yes, the amounts are far beyond what would be calculated as real damage. As punitive damages, they surely fall in the category of and unusual punishment. They are also unrealist as pointed out, people who cause real physical personal injury do not usually find themselves liable for a million dollars, especially if they cannot uk moncler sale pay.

Second, the process itself is questionable. Why should the federal government moncler outlet online chase down offenders in what is arguably a minor civil matter? There are better ways to waste the taxpayers money. Wall Street and Detroit would be happy for that level of cooperation from their bought and paid for congresscritters.

Third, is the blatant abuse of the legal system. Using moncler outlet sale the threat of legal action by big business will bury you in legal bills, guilty or not to extort money from those who cannot afford to moncler online store defend themselves is akin to bullies stealing lunch money. The legal system should be a settlement mechanism, not a means to threaten.

Oh, wait, this is also what trial lawyers have been doing to big business for the last few decades too. Maybe, just maybe, the system needs to be fixed. In Canada, the losing party almost always pays the winning party legal costs. Lawsuits are much fewer and farther between, and espcially, less frivolous.

Finally, congress should stop being a paid front for big business and do its own proper job. The reaction to law doesn work should not be jack up the penalties but fix the law so it does work comment >

Congressmen would understand better if the Internet generation writes to them and votes in election, cheap moncler jackets mens which they have began to do in force.