Friday, May 01, 2009

Free Software Foundation moves for leave to file revised amicus brief in Tenenbaum; brief argues RIAA statutory damages theory unconstitutional

In SONY BMG Music Entertainment v. Tenenbaum, the Free Software Foundation has sought leave to file a revised amicus curiae brief, arguing that the RIAA's stautory damages theory fails to comport with Due Process standards for punitive awards.

The brief is substantially similar to the brief that had been filed by the Free Software Foundation earlier this week in a Philadelphia case, SONY BMG Music Entertainment v. Cloud.

Motion for leave to file revised amicus curiae brief
Proposed revised amicus curiae brief of Free Software Foundation

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1 comment:

Anonymous said...


I see you are still of counsel in both FSF briefs. I sincerely hope you get some traction on the court with your revised and refined arguments.

With reference to the report or not report the Tenenbaum case question, surely this brief and the related motion to dismiss must be followed up. The mistakes of other attorneys can be learnt from only if they are documented.