From the "no shit, Sherlock" dept:
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9134582Analysis: $1.92M fine in music piracy case could hurt RIAARetrial of Jammie Thomas-Rasset ends with massive fine imposed on her
By Jaikumar Vijayan
June 19, 2009 07:19 AM ETComputerworld - The massive
$1.9 million fine imposed by a federal jury yesterday in the retrial of a Minnesota woman accused of pirating 24 songs may could end up hurting the Recording Industry Association of America's anti-piracy campaign more than anything else, a leading copyright lawyer said.
That's because the sheer size of the verdict hammers home just how
unreasonable the RIAA's damages theory for copyright infringement is, said Ray Beckerman, a New York lawyer who has represented clients facing piracy lawsuits.
"Oddly, this gigantic verdict may do more to hurt than help the RIAA, because it offers a vivid demonstration of how out of synch the RIAA's damages theory is with decades of case law about the reasonableness requirement for copyright statutory damages," Beckerman said.
The size of the award also goes against a century of case law "deeming punitive awards unconstitutional if they are unreasonably disproportionate to the actual damages sustained," he said. He said he has "no doubt" the verdict will be set aside by the trial judge.
(more at link)