Saturday, March 21, 2009

Free Software Foundation files amicus brief on statutory damages in Tenenbaum case

The Free Software Foundation -- represented by Ray Beckerman -- has sought permission to file an amicus brief in the Joel Tenenbaum case, arguing that constitutional limits on punitive damages should be applied to statutory damages in copyright cases. The proposed amicus brief was filed in connection with Tenenbaum's motion to dismiss the record label plaintiffs' claim for statutory damages -- a motion that Beckerman has previously criticized (see comments) as failing to cite relevant cases. The labels' arguments on statutory damages are here (see esp. pages 17-20).


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4 comments:

  1. AnonymousMarch 21, 2009 at 10:36 AM

    I read the proposed amicus brief and was disappointed to note that it was primarily a recitation of some lower court cases and student notes in journals without any real insight into why punitive damages jurisprudence (common law) should be equated with statutory/in lieu damages (legislative).

    I do happen to agree that perhaps statutory damages legislation may merit reconsideration in view of some of the anomalies associated with some of the file sharing cases, but believe this is matter for Congress and not the judiciary.

    M. Slonecker

    ReplyDelete
  2. raybeckermanMarch 21, 2009 at 3:29 PM

    Sorry for my lack of "insight". I suspected that Judge Gertner, unlike yourself, might have more interest in the "insight" of the Second Circuit than that of myself.

    ReplyDelete
  3. AnonymousMarch 21, 2009 at 6:08 PM

    Mr. Beckerman,

    No personal slight was in any manner intended, and I regret if the words I used were viewed as such.

    M. Slonecker

    ReplyDelete
  4. raybeckermanMarch 21, 2009 at 7:18 PM

    Thanks, M. Slonecker, much appreciated.

    ReplyDelete

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