In SONY BMG Music Entertainment v. Tenenbaum, the Court, under the doctrine of "constitutional avoidance", deferred ruling on the excessiveness of the statutory damages being sought by the plaintiffs until when and if plaintiffs obtain such a verdict.
The Court rejected defendant's alternative arguments that the Copyright Act was an unlawful delegation of criminal power to a private entity, or that statutory damages should not be applied to noncommercial infringements.
Unrelated to the above, defendant also filed his responses to the RIAA's motions to (a)exclude expert witnesses and (b) compel further discovery responses.
Jun 15, 2009, decision denying motion to dismiss for unconstitutionality
Defendant's response to plaintiffs' motion to exclude expert witnesses & postpone summary judgment motion filing date
Declaration responding to plaintiffs' motion to compel further discovery responses
Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player
Legal issues arising from the RIAA's lawsuits of intimidation brought against ordinary working people, and other important internet law issues. Provided by Ray Beckerman, P.C.
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