[ga] Obama DOJ Sides With RIAA

["Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>]

All,

  This is very unfortunate and potentially a very detrimental over
the next few years if continued or true.

  Ray, seems to me you have ask the right question.  Well done!
Of course as you know Ray, this is not unexpected.  Seems that
the entertainment industry that donated significantly to Baracks
campaign are getting their pay back.

See:
 http://recordingindustryvspeople.blogspot.com/ NewYorkCountryLawyer
writes "The Obama Administration's Department of Justice, with former
RIAA lawyers occupying the 2nd and 3rd highest positions in the
department, has shown its colors,
http://recordingindustryvspeople.blogspot.com/2009_03_01_archive.html#5771350065718742723
intervening on behalf of the RIAA in the case against a Boston
University graduate student,
http://recordingindustryvspeople.blogspot.com/2007/01/index-of-litigation-documents.html#SONY_v_Tenenbaum
SONY BMG Music Entertainment v. Tenenbaum, accused of file
sharing when he was 17 years old. Its
http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090322DOJBrief.pdf
oversized, 39-page brief (PDF) relies upon a United States Supreme Court
decision from 1919 which upheld a statutory damages award, in a case
involving overpriced railway tickets, equal to 116 times the actual
damages sustained, and a 2007 Circuit Court decision which held that the
1919 decision rather than the Supreme Court's more recent decisions
involving punitive damages was applicable to an award against a Karaoke
CD distributor for 44 times the actual damages. Of course none of the
cited 
cases dealt with the ratios sought by the RIAA: 2,100 to 425,000 times
the actual damages for an MP3 file. Interestingly, the Government brief
asked the Judge not to rule on the issue at this time, but to wait until 
after a trial. Also interestingly, although the brief sought to rebut,
one 
by one, each argument that had been
http://www.groklaw.net/article.php?story=20090310172906129 made by the
defendant in his brief, it totally ignored all of the authorities and
arguments that had been
http://news.slashdot.org/article.pl?sid=09/03/20/2129208&tid=123  made
by the Free Software Foundation in its brief. Commentators had been
fearing that  http://www.p2pnet.net/story/18844 the Obama/Biden
administration would be tools of the RIAA; does this filing confirm
those fears?"

Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln
"YES WE CAN!"  Barack ( Berry ) Obama

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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