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

Categories: BigMedia v. P2P UsersCases

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.

Texas Law Review Article on the Topic by: J. Cam Barker

Sources: Recording Industry vs The People | ars technica | afterdawn | the Inquirer | P2PNet | Howard Knopf

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