Saturday, August 22, 2009

Now that constitutionality of statutory damages is on front burner, here's my brief on the subject

The outlandish jury verdicts of 1.92 million dollars and 675 thousand dollars which have come down in Capitol Records v. Thomas-Rasset and SONY BMG Music Entertainment v. Tenenbaum, respectively, have moved from the back burner to the front burner the issue of the unconstitutionality of the RIAA's statutory damages theory under the Due Process clause of the 5th Amendment.

Accordingly I thought it an appropriate time to repost the amicus brief which I filed on the subject in Tenenbaum several months ago.

Revised amicus curiae brief of Free Software Foundation

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