Ray Beckerman, attorney for defendant in UMG v. Lindor, an RIAA filesharing lawsuit, had a minor victory this week. Recording Industry vs. The People The judge in the case, Magistrate Judge Robert M. Levy, gave a partial grant to defendant’s motion to compel discovery. At issue is one of the defendants affirmative defenses, that the damages sought, $750 per song shared, are an unconstitutional violation of due process. As a result, the record labels, UMG Recordings, Warner Bros. Records, Interscope Records, Motown, and SONY BMG, must disclose and submit to deposition on the cost to the record company per song legally downloaded (at a cost of $0.99). While the $750 is a permissable statutory mininum, the Supreme Court held in State Farm Mutual Automobile Insurance Co v. Campbell et al. 538 U.S. 408 (2003) that a punitive damage award greater than 10 times actual damages creates a presumtion of a violatoin of due process. Here then, the actual damages of $1, and punitives of $749, would be over that limit. This is obviously not information (the actual cost of production) that the labels want out. They previously filed a motion for a protection order to seal these records.
Copy of Grant of Motion to Compel Discovery
Copy of Defendant’s Motion to Compel - a good piece of lawyering needs to be recognized.
If anyone in Arkansas has been sued for file sharing, I would love to defend one of these cases. If you are an attorney who needs an expert witness, I am also available. See my resume.
Filed under: 2007 Copyright Cases, Copyright
