In Arista v. Greubel in Texas, the defendant has interposed a number of affirmative defenses, including:
-A first affirmative defense which alleges that if defendant were liable, Kazaa would be jointly and severally liable along with him, and that the $115,000,000 settlement which the RIAA received from Kazaa constitutes recovery in full.
-A third affirmative defense that the $750-per-song damages theory is unconstitutional, and that recovery should be limited to 4 times the value of each download, or $2.80 each.
Answer of David Greubel*
Mr. Greubel is represented by Charles Lee Mudd, Jr., of Chicago, Illinois, and John G. Browning of Dallas, Texas.
* Document published online at Internet Law & Regulation
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