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Obama Sides With RIAA, Supports $150,000 Fine per Music Track

 

By David Kravets March 23, 2009

 

 

The Obama administration for the first time is weighing in on a Recording Industry Association of America file sharing lawsuit and is supporting hefty awards of as much as $150,000 per purloined music track.

The government said the damages range of $750 to $150,000 per violation of the Copyright Act was warranted.

"The remedy of statutory damages for copyright infringement has been the cornerstone of our federal copyright law since 1790, and Congress acted reasonably in crafting the current incarnation of the statutory damages provision," Michelle Bennett, a Department of Justice trial attorney wrote (.pdf) Sunday to a Massachusetts federal judge weighing challenge to the Copyright Act.

The position -- that the Copyright Act's monetary damages are not unconstitutionally excessive -- mirrors the one taken by the Bush administration and should come as no surprise.

Two top lawyers in President Barack Obama's Justice Department are former RIAA lawyers: Donald Verrilli Jr. is the associate deputy attorney general who brought down Grokster and fought to prevent a retrial in the Jammie Thomas case. Then there's the No. 2 in the DOJ, Tom Perrilli. As Verrilli's former boss, Perrilli argued in 2002 that internet service providers should release customer information to the RIAA even without a court subpoena.

Presidential administrations often intervene in lawsuits in which the constitutionality of a federal law is in question. This case concerns a former Boston University student challenging a peer-to-peer file sharing case.

Still, parts of the government's brief sounded as if it was taken from the RIAA's public relations playbook.

"Congress sought to account for both the difficulty of quantifying damages in the context of copyright infringement and the need to deter millions of users of new technology from infringing copyrighted work in an environment where many violators believe that their activities will go unnoticed," Bennett wrote.

The RIAA has sued more than 30,000 individuals for file sharing the last five years. It is winding down the campaign and is lobbying internet service providers to discontinue service to copyright scofflaws.

 

http://blog.wired.com/27bstroke6/2009/03/o...-sides-wit.html

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Yeah..but Hope...uh...Change...

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I can think of plenty of reasons to dislike our new CiC and his policies, this really isn't one of them.

 

I'm pretty sure the justice department isn't bothering him too much about this.

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I can think of plenty of reasons to dislike our new CiC and his policies, this really isn't one of them.

 

I'm pretty sure the justice department isn't bothering him too much about this.

 

 

So...the administration is considering letting the auto industry fail because they have a failed business model, but the administration supports a failed business model for the recording industry and antiquated copyright laws.

 

I don't dislike our CiC. He seems both likeable and capable. I simply despise that he is portrayed as being the second coming of Moses crossed with Teddy Roosevelt, John Kennedy and Franklin Roosevelt simply because he is a charasmatic figure.

 

I hope there's more cowboy than hat this time.

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Considering the problems Mr. Obama
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I can think of plenty of reasons to dislike our new CiC and his policies, this really isn't one of them.

 

I'm pretty sure the justice department isn't bothering him too much about this.

 

You're right, of course. It's just one small thing to add to the long list of reasons to dislike that guy.

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Apples and oranges, dude. I don't see the RIAA asking for billions of dollars to continue their failed business model.

 

But yeah, this is disappointing, I guess. But I don't think anybody in their right mind would have expected anything different. Ain't like he's going to say, "Copyright laws? Those are lame. Nobody has to follow those any more."

 

I agree. This is a complex issue and needs addressing, especially the reworking of the copyright mumbo-jumbo, how to get some monetary retribution to the label, artists, songwriters, etc. Can't really even be on his radar right now. BUT, while this is on the back-burner for the foreseeable future, he can't just say "No, really, go ahead and "steal" all the music you want.. ATTICA!" Might be cool if he did, but...

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It's a disappointing ruling because they really don't seem to realize that this isn't going to make anyone download illegally any less. The illegally downloading community right now is like the crowd of fans at Woodstock in 1969, and what the RIAA is doing is akin to Max Yasgur yelling out "hey you kids get off my lawn" and then trying to punish two or three people for what the entire crowd is doing. I don't see how it works. The RIAA can play whack-a-mole with P2P sites all they want but there's always going be another way to do it. It's just a shame for the one percent of people who are unfortunate enough to get caught doing it, but it isn't going to stop. The challenge is to figure out a way to make better products that people are going to buy, but as someone who's gone from buying hundreds of records a year to about a dozen as a result of the internet, I have to say it's an easy way to cut down on expenses.

 

--Mike

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The challenge is to figure out a way to make better products that people are going to buy, but as someone who's gone from buying hundreds of records a year to about a dozen as a result of the internet, I have to say it's an easy way to cut down on expenses.

 

--Mike

So is shoplifting.

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