Copyright Infringement Damages – Are They Constitutional?
In 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 a six-figure judgment for infringement based upon laws that were bought and paid for by Hollywood lobbyists.
In the Barker case, the defendant has the audacity to actually stand up to these thugs by claiming that the maximum damages they should be entitled to is $3.50 per download. While I appreciate Barker’s legal argument that statutory damages are unconstitutionally excessive, and hope that she wins, the deck is stacked against her.
Until the entertainment industry is stopped from buying laws through congressional campaign contributions, those who download copyrighted materials illegally will continue to face financial ruin.
About the Author
With an advanced international law degree from Georgetown University and more than 15 years of real world legal experience, Attorney Mike Young is President of the Internet Ethics Council and creator of Website Legal Forms Generator software. He helps entrepreneurs protect and grow their businesses online.
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