tag:blogger.com,1999:blog-15479871.post6077346905652121135..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: Court defers ruling on constitutionality of statutory damages in SONY BMG Music Entertainment v. Cloud, denies defendant's motion to dismissraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger5125tag:blogger.com,1999:blog-15479871.post-13200014298233233742009-05-31T00:05:04.014-04:002009-05-31T00:05:04.014-04:00You're wrong. It is, as I said in my brief, not re...You're wrong. It is, as I said in my brief, not really possible to determine the unconstitutionality of a 'punitive award' without (a) there being an award, (b) evidence of the plaintiffs' actual damages, and (c) evidence of other factors such as reprehensibility.<br /><br />Courts are supposed to avoid deciding questions of constitutionality if there is a chance they can be avoided.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-82016624462467620342009-05-30T23:45:39.954-04:002009-05-30T23:45:39.954-04:00This plays right into the RIAA's hands. Shame on ...This plays right into the RIAA's hands. Shame on this court.<br /><br />{The Common Man Speaking}Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-61828776822791681352009-05-29T18:15:06.994-04:002009-05-29T18:15:06.994-04:00This decision had nothing to do with evidence, it ...This decision had nothing to do with evidence, it had to do with the form of the pleading.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-87769093272439130212009-05-29T18:14:39.642-04:002009-05-29T18:14:39.642-04:00The complaint in this case was not one of the 'mak...The complaint in this case was not one of the 'making available' complaints. It alleges that defendant distributed and downloaded.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-78210000748233796412009-05-29T18:11:33.852-04:002009-05-29T18:11:33.852-04:00The judge wrote, 'What Plaintiffs do allege is tha...The judge wrote, 'What Plaintiffs do allege is that Defendant has engaged in ongoing acts of "downloading and/or distributing to the public copyrighted recordings."'<br /><br />The judge wrote, 'Plaintiff has alleged that Defendant "distributed" copyrighted materials, detailing a specific time, means and manner of that distribution.'<br /><br />Those two statements by the judge don't seem supported by the evidence Plaintiffs allege they have. At best, Plaintiffs have evidence showing <EM>one</EM> copy was made by <EM>MediaSentry</EM>. As for downloading, what evidence was presented to this extent?<br /><br />XYZZYAnonymousnoreply@blogger.com