NewYorkCountryLawyer writes "The Free manager nitty-gritty* has requested sanction to file an amicus curiae brief in an RIAA case, SONY BMG Music divertive v. Tenenbaum, defending the defendant's Due Process defense to the RIAA's claim for statutory damages. In the brief [PDF], FSF cites some of the leading powers for the defense, including the 2003 decision of the US Court of Appeals for the 2nd Circuit in Parker v. Time Warner, which held that exorbitant statutory damages are subject to the same due process test applicable to punitive damage awards by juries. Additionally, the brief cites three sector court decisions, including UMG v. Lindor, and two law review traps — all of which deal videlicet
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doc with Copyright Act statutory damages applicable to transgression of an MP3 file — to like effect."
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