Modelworks
Lifer
- Feb 22, 2007
- 16,240
- 7
- 76
This is ridiculous. Obama now has appointed a total of 5 people that have worked to help the RIAA agenda.
So now we have a $750 -$150K fine per song.
http://blog.wired.com/27bstrok...3/obama-sides-wit.html
http://blog.wired.com/27bstrok...4/obama-stop-fill.html
So now we have a $750 -$150K fine per song.
http://blog.wired.com/27bstrok...3/obama-sides-wit.html
The Obama administration for the first time is weighing in on a Recording Industry Association of America file sharing lawsuit and is supporting hefty awards of as much as $150,000 per purloined music track.
The government said the damages range of $750 to $150,000 per violation of the Copyright Act was warranted.
"The remedy of statutory damages for copyright infringement has been the cornerstone of our federal copyright law since 1790, and Congress acted reasonably in crafting the current incarnation of the statutory damages provision," Michelle Bennett, a Department of Justice trial attorney wrote (.pdf) Sunday to a Massachusetts federal judge weighing challenge to the Copyright Act.
The position -- that the Copyright Act's monetary damages are not unconstitutionally excessive -- mirrors the one taken by the Bush administration and should come as no surprise.
Two top lawyers in President Barack Obama's Justice Department are former RIAA lawyers: Donald Verrilli Jr. is the associate deputy attorney general who brought down Grokster and fought to prevent a retrial in the Jammie Thomas case. Then there's the No. 2 in the DOJ, Tom Perrilli. As Verrilli's former boss, Perrilli argued in 2002 that internet service providers should release customer information to the RIAA even without a court subpoena.
Presidential administrations often intervene in lawsuits in which the constitutionality of a federal law is in question. This case concerns a former Boston University student challenging a peer-to-peer file sharing case.
Still, parts of the government's brief sounded as if it was taken from the RIAA's public relations playbook.
"Congress sought to account for both the difficulty of quantifying damages in the context of copyright infringement and the need to deter millions of users of new technology from infringing copyrighted work in an environment where many violators believe that their activities will go unnoticed," Bennett wrote.
The RIAA has sued more than 30,000 individuals for file sharing the last five years. It is winding down the campaign and is lobbying internet service providers to discontinue service to copyright scofflaws.
http://blog.wired.com/27bstrok...4/obama-stop-fill.html
Nearly two dozen public interest groups, trade pacts and library groups urged President Barack Obama on Thursday to quit filling his administration with insiders plucked from the Recording Industry Association of America.
The demands came a week after the Justice Department, fresh with two RIAA attorneys in its No. 2 and No. 3 positions, announced the administration's support of $150,000 in damages for each music track purloined on a peer-to-peer file sharing program. The administration, moreover, has just declared as classified the inner workings of worldwide intellectual property trade pact. And Hollywood is urging Obama to embrace internet filtering as the content industry seeks to cut internet access to repeat copyright violators.
Still, Obama has yet to fill the all-important role of copyright czar, a new cabinet-level position approved by Congress late last year. Other unfilled vacancies dealing with intellectual property rest in the Patent and Trademark Office, the United States Trade Representative and the State Department.
Groups such as Public Knowledge, the Electronic Frontier Foundation, the Consumer Electronics Association, the Wikimedia Foundation and, among others, the American Library Association, are demanding Obama to look outside the content industry when filling up his administration.
"In selecting these officials, we ask you to consider that individuals who support overly broad IP protection might favor established distribution models at the expense of technological innovators, creative artists, writers, musicians, filmmakers, and an increasingly participatory public," the 19 groups wrote (.pdf) Obama Thursday. "Overzealous expansion and enforcement of copyright, for example, can quash innovative information technologies, the development and marketing of new and useful devices, and the creation of new works, as well as prohibit the public from accessing and using its cultural heritage."
The group are: American Association of Law Libraries, American Library Association, Association of Research Libraries, Center for Democracy and Technology, Computer and Communications Industry Association, Consumer Electronics Association, Consumers Union, EDUCAUSE, Electronic Frontier Foundation, Entertainment Consumers Association, Essential Action, Home Recording Rights Coalition, Internet Archive, Knowledge Ecology International, NetCoalition, Public Knowledge, Special Libraries Association. U.S. Public Interest Research Group, Wikimedia Foundation.
