Copyright Law

Tenenbaum files reply brief rebutting RIAA arguments

By Ty Rogers and Ray Beckerman

In SONY BMG Music Entertainment v. Tenenbaum, defendant has filed a reply brief rebutting the RIAA's opposition papers, rebutting the RIAA's contention that an award of $675,000 -- or about 65,000 times the maximum actual damages sustained -- satisfies due process standards.

Defendant's reply brief in support of motion for new trial or remittitur

[Ed. note. This brief, unlike the RIAA and Justice Department briefs, actually does discuss the applicable authorities on the due process argument, and shows that the US Court of Appeals for the First Circuit -- in which the Massachusetts District lies -- has itself applied Gore and Campbell to statutory damages awards. Also the brief actually does look at Gore and Campbell, as well as Williams, and discuss them intelligently. So it looks like the issue has finally been properly framed, and it is now unimaginable that District Judge Gertner will accept the RIAA argument and reject the First Circuit's holding. Motion granted. -R.B.]

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Full post as published by Recording Industry vs The People on February 18, 2010 (boomark / email).