Mar 24, 2009 • 1 min read

DOJ defend damages formula in Tenenbaum case

The US Department of Justice has backed the RIAA's per-file damages formula in the Sony Music v Tenenbaum case, arguing it is correct and constitutional despite defence claims.

The US Department Of Justice has supported the Recording Industry Association Of America regarding a technicality in relation to the much previously reported Sony Music v Tenenbaum P2P file sharing case.

This is one of the last P2P file sharing lawsuits being pursued against an individual file sharer - it having been launched prior to the RIAA's announcement that they were going to stop suing individual music fans. It's proving to be a high profile case because student Joel Tenenbaum is being advised by Havard law professor Charles Nesson who has been quite vocal about the whole thing. He's also asked for the court hearing to be webcast, which has complicated things because while the judge hearing the case supported that proposal, the RIAA oppose the idea and have appealed the judge's ruling on the matter.

Anyway, the DoJ got involved on a different issue relating to this case - damages. Tenenbaum's team argued that the damages formula being used by the record companies - which range from $750 to $1500,000 per file - was overly punitive and unconstitutional. But the DoJ has filed a legal brief saying that the formula, as set out in the US Copyright Act, is both correct and fair, and should therefore stand in this case.

Some in the pro-P2P movement say the DoJ's ruling on this matter has been influenced by the fact a number of lawyers who have previously represented the RIAA were recently given senior jobs at the Department. I'm assuming the DoJ would refute those claims, so haven't even bothered asking them.

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