In gnu.misc.discuss Rjack <[email protected]> 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? > In the current suit Free Software Foundation Inc. v. Cisco Systems > Inc. the FSF is asking for monetary damages: > "(2) That the Court order Defendant to pay Plaintiff?s actual and > consequential damages incurred, in an amount to be determined at > trial or, in the alternative, statutory damages as set forth in 17 > U.S.C. ? 504(c);" > Since the limit as x-> 0 of 1.00/x approaches infinity, awarding > monetary damages of even one dollar is more than trillions of times > actual economic losses. No. The damage done by the copyright violater to the copyright holder is non-zero, even though that damage is not caused by the flow or non-flow of money. > In filing its amicus brief, the Free Software Foundation is not > seeking due process fairness. It is simply blathering its standard > hypocritical socialist propaganda. Can you really not make a point without adding in vitriolic irrelevance? Actually, I wonder what the FSF is doing mixing in here, because the file-sharing case doesn't seem to have much to do with free software, except tangentially. (Look it up in a dictionary!) > Sincerely, > Rjack :) -- Alan Mackenzie (Nuremberg, Germany). _______________________________________________ gnu-misc-discuss mailing list [email protected] http://lists.gnu.org/mailman/listinfo/gnu-misc-discuss
