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  • The Weblog Archive August 2009

    US Supports Constitutionality of Statutory Damages

    The Department of Justice has dropped its two cents into the Jamie Thomas-Rasset case in a brief <http://www.scribd.com/doc/18593475/DOJ-Brief-in-defense-of-ThomasRasset-Award?classic_ui=1> to the District Court of Minnesota.  It argues that Ms. Thomas-Rasset’s challenge to the $1.92 million in damages against her for illegal file-sharing can be addressed without addressing any constitutional issues. If the constitutional question is raised, however, the government has taken the position that the award satisfies due process.  The plaintiffs (Capitol Records and the RIAA) believe anything less than $1.92 million in damages would be selling short the multiplier effect of sharing each of the 24 songs over peer-to-peer systems such as KaZaA.  Rolling Stone has reported <http://www.rollingstone.com/rockdaily/index.php/2009/08/17/justice-dept-defends-192-million-riaa-fine-against-minnesota-mom/>  that the RIAA is still open to settlement with Thomas-Rasset, and does not expect her to be able to pay the fine.

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