Posted by Eugene Volokh:
Statutory Damages and Music Industry Lawsuits Against Direct Infringers:
http://volokh.com/archives/archive_2009_03_01-2009_03_07.shtml#1236299770
A new [1]I/P Colloquium podcast hosted by my colleague Doug Licthman,
with Prof. Charlie Nesson (Harvard), RIAA lawyer Steven Marks (RIAA),
Prof. Catherine Sharkey (NYU), Prof. Thomas Colby (GW), and Dan Markel
(Florida State):
Joel Tenenbaum looks a lot like every other defendant who has been
accused by the music industry of illegally sharing copyrighted work
online, but with one key difference: his defense attorney is
Harvard Law School Professor Charlie Nesson, and Nesson is out to
turn his case into a public referendum not only on the music
industry's efforts to enforce copyright through these
direct-infringer suits, but also on the copyright rules that make
the industry litigation possible. In this program, we engage
Nesson's key arguments, focusing especially on Nesson's claim that
copyright law's statutory damages regime runs afoul of
constitutional protections against excessive and/or arbitrary civil
damages awards.
References
1. http://www.ipcolloquium.com/Programs/5.html
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