Judge orders RIAA to justify its piracy
charges
$750 for a 75 cent song is taking the Wii
By Nick Farrell: Friday 10 November 2006, 15:31
A US COURT is forcing the Recording Industry of America to explain
why it charges people it catches pirating $750 a single rather than
the 70 cents they flog them to retailers for.
In the case UMG v. Lindor, Judge Trager has allowed Ms Lindor, who
the RIAA claim is a pirate, to challenge the $750 a track it wants
in damages.
The RIAA fought to prevent the amendment to Ms Lindor's case,
claiming it was not up to her to decide damages. They said that her
complaint about the level of damages was without merit and if the
amendment went ahead it would prejudice them.
Of course it would. If the RIAA was forced to claim back the real
market value of the music that was nicked by pirates it probably
would not be worth the effort. It also looks better on a press
release if they can claim that a pirate stole $7,000 worth of music
when they actually only stole $7.
Judge Trager was not buying it either he said that the RIAA lawyers
could not cite any case law to justify its position whereas Lindor
could.
Lindor could also prove that the RIAA was only out of pocket by 70
cents a single and not $750.
Now it was up to the RIAA to show m'learned friend how it came up
with its $750 figure. If it can't manage the task then it is pretty
likely that the robed but not wigged one will rule that the amount
of damages the RIAA is seeking is unconstitutional.
