Derek Bambauer is critical of Judge Nancy Gertner's decision in Sony BMG v Tenenbaum.
Info/Law » Tenenbaum and Statutory Damages
My admiring post on Judge Gertner's decision in Tenenbaum here.
The Electronic Frontier Foundation's Corynne McSherry writes on the Deeplinks blog
But the most interesting aspect of the ruling may be the court's conclusion that Congress never intended copyright's extraordinary statutory damages provisions — which permit an award of up to $150,000 per work if the defendant has willfully infringed — to apply to noncommercial users of peer-to-peer networks, even if they are found liable for willful infringement. After a lengthy review of the legislative history, Judge Gertner found that there was "substantial evidence indicating that Congress did not contemplate that the Copyright Act’s broad statutory damages provision would be applied to college students like Tenenbaum who file-shared without any pecuniary gain."
Full Deeplinks post here
Expect the opposite from Ben Sheffner, who is thinking about it here.
Purchase Copyright Litigation Handbook from West here