p2pnet view P2P | RIAA:- “In SONY BMG Music Entertainment v Tenenbaum, the court has reduced the jury’s award from $675,000, or $22,500 per infringed work, to $67,500, or $2,250 per infringed work, on due process grounds, holding the jury’s award was unconstitutionally excessive.
In a 64-page decision (.pdf), district judge Nancy Gertner (right) ruled that >>>
- The Gore, Campbell, and Williams line of cases was applicable to determining the constitutionality of statutory damages awards;
- Statutory damages must bear a reasonable relationship to the actual damages; and,
- The usual statutory damages award in even more egregious commercial cases is from 2 to 6 times the actual damages.
However, after concluding the actual damages in this case were ~ $1 per infringed work, she entered a judgment for 2,250 times that amount.
Ray Beckerman – Recording Industry vs The People
… and identi.ca
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