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Copyright Infringement Damages – Are They Constitutional?

By July 30, 2008June 28th, 2017Internet Lawyer

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 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.

Mike Young, Esq.

Author Mike Young, Esq.

Mike Young has been practicing business and technology law since 1994 and is an angel investor in startups. He's been an entrepreneur since 1988. To get legal help from Attorney Young, click here now or call 214-546-4247 to schedule a phone consultation.

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