Copyright Infringement Damages – Are They Constitutional?

US ConstitutionIn an unusual copyright infringement case, a defendant (Denise Barker) admits that she engaged in downloading copyrighted materials using Kazaa’s peer-to-peer (P2P) network. What makes this case unique is that the defendant is challenging the constitutionality of the damages music companies are trying to extract from her in the lawsuit.

As I’ve discussed in this blog previously, RIAA (and the MPAA) have abused copyright law to financially destroy individuals. Guilty or not, defendants are forced into settlements rather than fight teams of entertainment and intellectual property (IP) lawyers with the likelihood of being hit with [Read more...]

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Maricopa County Attorney Andrew Peyton Thomas and his Wikipedia Bio

maricopa county attorney andrew thomasDisclosure: I first met Maricopa County Attorney Andrew Peyton Thomas (and his future wife — Anne Estrada) back in 1986 when just a college freshman at the University of Missouri (Mizzou). Thomas and I were good friends for several years.

I visited him at Harvard Law School and he stopped by to see me when I was attending law school at SMU. Shortly thereafter, the friendship fell apart and we haven’t spoken for more than a decade. Because of this history, I was somewhat hesitant to write about Thomas’ Wikipedia controversy. Yet it is an issue that needs to be addressed.

Thomas has been accused of modifying his Wikipedia bio in order to make it reflect favorably on himself. If true, it begs the question whether such editing violates Netiquette.

What is undisputed is that Thomas has [Read more...]

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