Judge Allows RIAA Defendant to Argue $750-per-song Damages are Unconscionable

November 15, 2006 at 3:30 pm - by Dale Dietrich

Categories: BigMedia v. P2P Users • Cases

WestLaw Version of Decision – (2006 WL 3335048 (E.D.N.Y.)) (Nov 9, 2006)
Decision Granting Leave to Amend Answer (Nov 9, 2006)
RIAA Response
Text Constitutional Challenge
The standard RIAA consumer file-copying suit seeks $750 damager per illegally downloaded song. As I reported last May, Marie Lindor argued that this amount is unconscionable when the average download price per song is 99¢ per song. Judge David Tragger agreed and has permitted the defendant to amend her defense to include that argument.