$1.9 Million Award In Thomas Case Raises Constitutional Questions 439
Techdirt points out that the EFF is examining the constitutionality of the recent $1.9 million verdict awarded in favor of the RIAA against Jammie Thomas. While on the surface it may seem that this excessive award should be easy to overturn since grossly excessive punitive damage awards are considered to violate the Due Process clause of the US Constitution, the Supreme Court seems to have been ignoring precedent and upholding copyright's importance at any cost. "Given the size of the statutory damages award, Ms. Thomas-Rasset's legal team will likely be seriously considering a constitutional challenge to the verdict. A large and disproportionate damage award like this raises at least two potential constitutional concerns. First, the Supreme Court has made it clear that 'grossly excessive' punitive damage awards (e.g., $2 million award against BMW for selling a repainted BMW as 'new') violate the Due Process clause of the US Constitution. In evaluating whether an award 'grossly excessive,' courts evaluate three criteria: 1) the degree of reprehensibility of the defendant's actions, 2) the disparity between the harm to the plaintiff and the punitive award, and 3) the similarity or difference between the punitive award and civil penalties authorized or imposed in comparable situations. Does a $1.92 million award for sharing 24 songs cross the line into 'grossly excessive?' And do these Due Process limitations apply differently to statutory damages than to punitive damages? These are questions that the court will have to decide if the issue is raised by Ms. Thomas-Rasset's attorneys."
Re:Protecting Artists? Artists to Blame. (Score:4, Funny)
Re:Failed once, will fail again. (Score:4, Funny)
People only fight when they have nothing left to loose.
If you have nothing left to loose, you are probably done fighting.
Re:Our country is run by the right. (Score:3, Funny)
The definition of "conservative" has really changed a lot since I was young.
a history of copyright (Score:4, Funny)
1. once upon a time, there was a set of gentleman's agreements agreed upon between large publishers of vinyl and plastic cassettes
2. poof: teh intarwebs appears
3. new ability: every pock marked teenager in the world now has greater distribution powers than bertlesmann + time warner + every publisher that has ever existed: "hey my friend in novosibirsk, this is cape town: you want the entire creative output of that new zealand lounger singer bic runga? here ya go"
4. response of publishers to new ability: apply to every single pock marked teenager the set of rules agreed upon between rich executives in oak paneled golf clubs over mint juleps
Random thoughts (Score:2, Funny)
You know, you Americans (whom I otherwise keep in high regard), with all your "right to bear arms" explained as a way to resist the govt. when it becomes too powerful, seem to take a lot of cock up your asses lately. The corporations are playing you like fiddle, and there is no sign of even indignation - there should be an upheaval, Iran-style, and they don't even have that constitutionally-given right to have assault rifles at home, like you guys do.
Also: Jammie Thomas has more balls than most men I know. In a country submerged by cynicism and hedonism, it's a miracle there's one person trying to fight for what's right. Not necessarily for the common good (though that would have been the consequence), but taking charge of her own life in a grand way. Good for you, Jammie, you're a great role model, and not allowing yourself to be a victim must feel fantastic.
America, your future is in the hands of the oil industry, Monsanto, the RIAA/MPAA and the various corporate psychopaths. Enjoy the fucking ride! Unless, I dare hope, America wakes up.
Re:Protecting Artists? Artists to Blame. (Score:3, Funny)
I have a Green Day album and a couple Aerosmith albums. I figure to send it back with a suitably sardonic letter referencing the fact that I no longer want their music, and if they are in such financial hardship, they can re-sell it to help them put food on the table.
Don't forget to rip it to MP3 first.
Re:Failed once, will fail again. (Score:3, Funny)
While you lose your mind, I loose mine.