posted
Aug 24, 2010 by News Gatherer
Two prominent lawyers in the fight against P2P RIAA cases have taken their fight to the Supreme Court. Today, law professor Charles Nesson, Harvard, and "People of the Recording Industry vs The blogger / attorney Ray Beckerman combined with several other law professors to ask the Supreme Court to clarify the criminal copyright "defend the innocent.
His actions constituted a violation of copyright, the court in its discretion, may reduce the statutory damages of a sum of at least $ 200 The copyright allows .. "If the offender supports" burden of proof. [That] does not know and had no reason to believe that. On appeal, however, the decision was overturned by a panel of three judges (PDF) in the Fifth Circuit, and gave a blow to the protection of innocent violation of the law.
"The conclusion is absurd to believe that record stores never seen by the offender, simply use the digital home, with a tax notice of copyright," they write. The case was brought before the Supreme Court, which is represented by Kiwi Camara Harper (who also represented Jammie Thomas Rasset his second trial). House has studied at Harvard under Nesson, his former teacher and now filed a brief arguing that the decision of the appellate court is only strange in his face.
"This pernicious doctrine of substantive review before it becomes permanent and a database of precedent for the tax on Internet users .." It is wrong to interpret a law passed by Congress to protect innocent infringers in an analog world, to deny the mitigation of damages for breach digital, "wrote law professors.
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