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
Sunday, July 11, 2010
Labels: copyright infringement, copyright law, copyright litigation, illegal downloads, joel tenenbaum, music downloads, peer to peer filesharing, statutory damages
Partner in Manhattan law firm Dunnington Bartholow & Miller LLP in New York City litigating in federal and state courts and arbitrations. Experienced trial and appellate practitioner. Author: Copyright Litigation Handbook (Thomson Reuters 2015-2016). The New York Law Journal called it "an indispensable guide". Serve on the Board of Directors of the Federal Bar Association, served as Chair of the Circuit Vice Presidents, Vice President for the Second Circuit and General Counsel. Member Board of Governors, National Arts Club. President, Network of Bar Leaders (2013-2014). Attorney advertising disclaimer - prior results do not guarantee success. The statements and opinions voiced here are my own and not of my law firm.