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Re: More FSF hypocrisy


From: Rjack
Subject: Re: More FSF hypocrisy
Date: Mon, 23 Mar 2009 09:26:59 -0400
User-agent: Thunderbird 2.0.0.21 (Windows/20090302)

Thufir Hawat wrote:
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.

Read the Grokfud link:

[ Update: Ray Beckerman sends a correction. He says the reasoning of
the four cases and two law review articles and the brief is equally
applicable to commercial copyright infringement defendants.]"
http://www.groklaw.net/article.php?story=20090321164736122

Sincerely,
Rjack :)



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