informationliberation
The news you're not supposed to know...




An Introduction to Austrian Economics: Understand Economics, Understand Everything
The Century of the Self: The Untold History of Controlling the Masses Through the Manipulation of Unconscious Desires
The Disappearing Male: From Virility to Sterility

The Obama Deception: The Mask Comes Off
Operation Gladio: The Hidden History of U.S. Sponsored False Flag Terrorism in EuropeThe New American Century: The Untold History of The Project for the New American Century
(more)
Article posted Feb 13 2013, 2:00 PM Category: Big Brother/Orwellian Source: Techdirt Print

Obama Administration, Once Again, Says $222,000 For Sharing 24 Songs Is Perfectly Reasonable

by Mike Masnick

This shouldn't be seen as much of a surprise at all, given that the Obama administration previously supported the $1.5 million verdict against Jammie Thomas-Rasset for sharing a mere 24 songs. However, now that an appeals court has reverted back to the original $220,000 ruling (procedural reasons...), and Thomas-Rasset has filed to ask the Supreme Court to hear the case, the Obama administration is back again, saying that there is nothing wrong with $220,000 for 24 songs. The argument is basically what you'd expect. In short: Congress set the statutory rates, the record labels asked for statutory damages, and thus nothing in that range should be considered too high.

The administration does have a point that there is not a real controversy between different circuit courts on the issue at play here, and thus there may not be a need for the Supreme Court to get involved. After the appeals court ruling, we predicted that the Supreme Court would refuse to hear this case, and that still seems likely. That doesn't mean that there aren't problems with the government's analysis. Its focus on using a Supreme Court ruling from a century ago ("Williams") which covered an obscure issue not directly relevant, still seems problematic to me -- but not so problematic that the Supreme Court is likely to weigh in.

Statutory damages are a massive problem with copyright law today. They are way out of proportion with any actual harm, and thus do raise considerable questions, that might amount to interesting Constitutional challenges. That doesn't mean that this case was the right case (in fact, it has many problems). Even so, it's a bit disappointing to see the Obama administration weigh in at all on the issue, giving a de facto thumbs up to massive and ridiculous statutory damages. The basic conclusion of "Congress decides, and that's good enough" is a real problem:
That public interest cannot be realized if the inherent difficulty of proving actual damages leaves the copyright holder without an effective remedy for infringement or precludes an effective means of deterring further copyright violations. The statute reflects a legislative determination of the range of assessments necessary to vindicate those public interests, see 17 U.S.C. 504(c), and Congressís judgment as to the appropriate amounts is entitled to deference.
If the administration was interested in true leadership in fixing the problems of the copyright system, it would not condone such clearly ridiculous awards. Doing so merely confirms that it remains focused on helping out its friends in legacy industries, rather than reflecting what is actually best for the public.

12 715 Thomas Rasset Opp2 (PDF)





Latest Big Brother/Orwellian
- Bill Aimed At Shutting Off NSA's Water Starts Moving Forward Again
- Baltimore Prosecutors Withdraw Evidence Rather Than Talk About Police Department's Stingray Usage
- Detekt: A New Malware Detection Tool That Can Expose Illegitimate State Surveillance
- 2nd Grader's Homework Teaches 'The Government GIVES Us Our Rights'
- Feds Put Fake Cell Towers On Planes, Spied On Tons Of Innocent Americans
- Terrorists Used False DMCA Claims To Get Personal Data of Anti-Islamic Youtuber
- Court Says By Agreeing To AOL's Terms Of Service, You've 'Consented' To Search By Law Enforcement
- To Nobody's Surprise, Australian "Terrorism" Law May Be Used for Copyright Enforcement









No Comments Posted Add Comment


Add Comment
Name
Comment

* No HTML


Verification *
Please Enter the Verification Code Seen Below
 


PLEASE NOTE
Please see our About Page, our Disclaimer, and our Comments Policy.


FAIR USE NOTICE
This site contains copyrighted material the use of which in some cases has not been specifically authorized by the copyright owner. Such material is made available for the purposes of news reporting, education, research, comment, and criticism, which constitutes a 'fair use' of such copyrighted material in accordance with Title 17 U.S.C. Section 107. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner. It is our policy to respond to notices of alleged infringement that comply with the DMCA and other applicable intellectual property laws. It is our policy to remove material from public view that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our members or users.

About Us - Disclaimer - Privacy Policy



Advanced Search
Username:

Password:

Remember Me
Forgot Password?
Register

This One Police Department Shot 92 Dogs in Three Years. One of the Officers Has Killed 25 By Himself - 11/19Tennessee Drug Interdiction Officers Stomp All Over Traveling Couples' Rights En Route To Seizing Nothing At All - 11/20Casino Can Steal NJ Man's Home Through Eminent Domain For No Specific Reason, Judge Rules - 11/20Texas Cop Indicted For Stealing Cash Out Of People's Wallets After Asking For ID - 11/20No Charges For Speeding Cop Not Responding To Emergency Who Killed 5-Year-Old In Crash - 11/20Cops Assault And Arrest Woman for No Reason, Leave Her Cuffed and Naked in Public for 30 Minutes - 11/19Deputy Tries Using Civil Asset Forfeiture On DVD From Convenience Store, Loses Job - 11/202-Year-Old Hospitalized After Police Raid Wrong Home, Threw Grenade into His Bedroom - 11/20

Rialto, CA Police Made to Wear Cameras, Use of Force Drops by Over Two-ThirdsCop Who Karate Chopped NY Judge In Throat Gets Off Scot-FreeFlorida Cop Smashes Compliant Woman's Face Into Car -- "Maybe Now You Can Understand Simple Instructions"VIDEO: Lapel Cam Reveals A Day In The Life Of A U.S. Police Officer (Tasing, Beating, Breaking & Entering, Stomping On Heads... and Laughing About It)Caught On Tape: Officer Sucker Punches Inmate In Face, Files Report Claiming 'Self Defense'Insult Person On Twitter, Go To JailSWAT Team Brings TV Crew To Film Raid Against Threatening Internet Critic -- Raids Innocent Grandma InsteadCop Karate Chops NY Judge In The Throat
(more)

 
Top