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It's about time someone took not only a stand against the bullies of the RIAA, but also proposed a constructive solution:

In a case that could have serious implications for future music piracy lawsuits, a New York District Judge ruled Thursday that a defendant's motion to argue the current statutory damage structure used in the case is unconstitutional may go forward.

Universal Music Group and several other labels are suing Brooklyn, New York resident Marie Lindor, and are attempting to collect a $750 per-song penalty. However, Lindor's attorneys argue that the demand is excessive.


Instead, Ms. Lindor notes that the value of the songs is $0.70 each (personally, I might peg them at $0.99 each, that being, last I heard, the predominant price at, say ITMS). IANAL, but even if she was then subjected to triple damages punitively, 100 songs downloaded would cost her $400, rather than $75,000. That seems a much more reasonable number to me, especially for the lack of actual work done by the RIAA and its member labels, relative to that of the actual artists they rip off.

Better yet:

The ruling now forces the recording industry to both produce witnesses and documents on the wholesale price of music downloads. Such documents could for the first time give a look into how much money the music industry is making from online music.


Now that will be an interesting set of numbers, if they come out. I hope she doesn't settle, and pushes them at least to the point of opening their books.

Coolth abounds.

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