Tenise Barker Takes On RIAA Damages Theory

Found on Slashdot on Sunday, 27 July 2008
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Tenise Barker, the young social worker from the Bronx who took on the RIAA's 'making available' theory and won, has now launched a challenge to the constitutionality of the RIAA's damages theory.

She says that the Court could avoid having to find the statute unconstitutional by construing the RIAA's complaint as alleging a single copyright infringement - the use of an 'online media distribution system' - and limiting the total recovery to $750. In the alternative, she argues, if the Court feels it cannot avoid the question, it should simply limit the plaintiffs' damages to $3.50 per song file, since awarding more - against a single noncommercial user, for a single upload or download of an MP3 file for personal use - would be unconstitutional.

This could actually be good because it would make sueing customers less profitable, forcing the industry to deal with the new market and adopt new business models. After years of lies, faked statistics, bribed politicians and countless lawsuits there might be a change coming.