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19 May 08

Techdirt: Funny How Universal Music Thinks Infringement Fines Are Unconstitutional When It's On The Receiving End

  • The lawsuit involved Univeral Music, who lost the original decision and was hit with a rather large fine. Universal Music appealed that decision on a variety of points -- and appears to have convinced the judge that the punitive damages tacked onto the copyright infringement claims were unconstitutional.

  • It seems like Universal Music may come to regret pointing out the variety of reasons (pdf) why punitive damages can be seen as unconstitutional, as one would imagine that UMG's own filing will be raised against it in its own copyright infringement suits:


    "While the Supreme Court has declined to adopt concrete or bright-line constitutional limits for the ratio between actual or potential harm and a punitive-damage award, the Court nonetheless observed that, "in practice, few awards exceeding a singled-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process."... The court cited a 4-to-1 ratio as being close to the line of unconstitutional impropriety."

Cox Blockers: Keeping Torrent Users from Sharing Files

  • Looks like Cox Communications is following in the footsteps of Comcast, having been found to be interfering with file-sharing by blocking its customers’ Internet connections. A study based on research by The Associated Press and Krishna Gummadi at the Max Planck Institute for Software Systems found that about 54% of Cox users were blocked while using file-sharing services. About 62% of Comcast users were blocked as well.
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