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Groklaw - Tenenbaum: Are Copyright Law's Statutory Damages Unconstitutional for NonCommercial File Sharers?

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Groklaw - Tenenbaum: Are Copyright Law's Statutory Damages Unconstitutional for NonCommercial File Sharers?
Topic: Miscellaneous 4:03 pm EDT, Mar 19, 2009

Professor Charles Nesson of Harvard Law School, the attorney for Joel Tenenbaum, has filed a motion to dismiss (here's the memorandum of law [PDF] in support of the motion) on behalf of his client, the defendant in SONY BMG Music v Tenenbaum. I thought you would find it interesting because he argues that statutory damages for noncommercial defendants under copyright law are unconstitutional, unreasonable, and way out of proportion to any alleged injury to the plaintiffs here, which at most is, he argues, de minimis:

Groklaw - Tenenbaum: Are Copyright Law's Statutory Damages Unconstitutional for NonCommercial File Sharers?



 
 
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