Re: More FSF hypocrisy

[Thufir Hawat]

On Mon, 23 Mar 2009 08:48:37 -0400, Rjack wrote:

> The Free Software Foundation is asking for permission to file an amicus
> brief in the current case of Sony v. Tenenbaum in the federal District
> Court of Massachusetts:
> 
> "We are submitting this brief to bring to the Court's attention some of
> the growing body of authority suggesting that the State Farm/Gore due
> process test applicable to punitive damage awards is likewise applicable
> to statutory damages, and in particular bars the suggestion that each
> infringement of an MP3 file having a retail value of 99 cents or less
> may be punishable by  statutory damages of from $750 to $150,000 -- or
> from 2,100 to 425,000 times the actual damages."
> http://www.groklaw.net/article.php?story=20090321164736122
> 
> The FSF thinks 2,100 - 425,000 times actual dahages is excessive!
> 
> Well. . . Huh?

"...MP3 file having a retail value of 99 cents or less may be punishable 
by statutory damages of from $750 to $150,000 -- or from 2,100 to 425,000 
times the actual damages.1

So it's more support for the concept of proportionality and asking the 
court to consider the Constitutionality of statutory damages in copyright 
cases involving noncommercial individuals."

That link is about mp3's, apparently, and non-commercial "piracy."

> In the current suit Free Software Foundation Inc. v. Cisco Systems Inc.
> the FSF is asking for monetary damages:

which is commercial, so the comparison fails there.


-Thufir