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: Recording Industry vs The PeoplePractice tip: USA v. Dove exposes RIAA's faulty damages thinking
By Ty Rogers and Ray Beckerman
In defense of its outlandish damages demands, the RIAA has worked on the assumption that each download for which it hasn't been paid is a lost sale.
One of the fallacies in this argument has been exposed by the district court decision in USA v. Dove, denying a motion for restitution.
Any practitioner litigating the constitutionality of the RIAA's damages theories should go over USA v. Dove, and the authorities it discusses, with a fine toothed comb.
Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player
Full post as published by Recording Industry vs The People on January 16, 2009 (boomark / email).
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