In SONY BMG Music Entertainment v. Tenenbaum, the Department of Justice has filed a brief opposing defendant's motion to set aside the verdict on constitutional grounds.
Department of Justice opposition brief
[Ed. Note. Another low-class "ostrich" brief from the Department of Justice, which completely ignores (a) the wording and reasoning of the Supreme Court in Gore and Campbell, (b) the half dozen or so cases, and three law review articles, concluding that Gore and Campbell are applicable to statutory damages cases, (c) the absence of evidence of any "distribution" within the meaning of the Copyright Act, and (d) the actual holding, the actual facts, and the actual statute, in St. Louis v. Williams. I.e., the things we mentioned in the revised amicus curiae brief which we filed on behalf of the Free Software Foundation.
Completely unprofessional; indeed pathetic.
Fortunately, Judge Gertner is an eminent Constitutional Law scholar, and has demonstrated time and again that she is anything but lazy, and that even when the lawyers in the case do a lousy job, she and her staff will actually do the research and find the applicable law.
I haven't always agreed with her decisions, and the major body of her work in the consolidated RIAA cases has been very helpful to the RIAA, but she has demonstrated time and again that she is the best lawyer in this case. -R.B.]
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