Woman Who Claimed RIAA Infringement Damages Were Unconstitutional Settles For $756/Song
Date : 19 Aug 2008 Category : Business
Techdirt
We were a bit surprised last month when Denise Barker, who had been fighting the RIAA in a file sharing lawsuit decided to take the strategy of admitting guilt but challenging the constitutionality of the Copyright Act. That seemed like a longshot that was unlikely to play well in court -- especially a court that had already decided against her in interpreting the whole "making available" thing. So, it should come as little surprise that Barker has agreed to settle, rather than fight on, even if her lawyer, Ray Beckerman was more than willing to keep fighting.
The settlement comes to $756 for each of the eight songs she's accused of sharing, and the details of the settlement work out that she'll be paying $110 per month for 55 months (running through February of 2013). That adds up to $6,050, which I imagine will put a crimp on Barker's spending on actual music. While she did break the law, and admitted to breaking the law, the punishment does seem way out of line with the "crime." It's arguable that she did any "damage" at all to the recording industry, as there's a decent chance that she actually helped promote certain artists.
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The settlement comes to $756 for each of the eight songs she's accused of sharing, and the details of the settlement work out that she'll be paying $110 per month for 55 months (running through February of 2013). That adds up to $6,050, which I imagine will put a crimp on Barker's spending on actual music. While she did break the law, and admitted to breaking the law, the punishment does seem way out of line with the "crime." It's arguable that she did any "damage" at all to the recording industry, as there's a decent chance that she actually helped promote certain artists.
Permalink | Comments | Email This Story