Universal Music Group loves the idea of suing music fans for the full freight when it comes to copyright infringement, celebrating their ability to extract $150,000 per act of infringement with punitive damages on top -- but now that Universal's been slapped with one of these copyright suits (for sampling Hendrix without permission, something I think they should be able to do, FWIW), they've decided that these damages are "unconstitutionally excessive."
The case in question involves now-deceased rapper The Notorious B.I.G., whose album Ready to Die incorporated an unlicensed sample of "Singing in the Morning" from the Ohio Players after a Hendrix sample was denied clearance. The sample made its way onto the final album and even onto reissued albums. Bridgeport Music and Westbound Records, which control the rights to the song, sued. A district court ruled in their favor; Bridgeport took the $150,000 maximum in statutory damages, while Westbound sought compensatory and punitive damages. Westbound scored big, earning $366,939 from the jury along with punitive damages of a whopping $3.5 million.
In appealing the ruling, Universal argued that the punitive damages award was "grossly excessive and should be vacated or at least reduced." The reason? It's excessive. The brief quotes a Supreme Court ruling that said, "In practice, few awards exceeding a single-digit ratio between punitive and compensatory damages, to a significant degree, will satisfy due process." Universal pointed out that the award in question was "approximately 10 to 1, far above the line of unconstitutional impropriety."
This is a pretty amazing vacancy: “You will lead Consumer Reports in our effort to realize a market where consumer safety is protected through strong encryption; consumers’ rights to test, repair, and modify their devices are supported by copyright, security, and consumer protection laws; and consumers are empowered to make informed choices about IoT products […]
Gus the hacker puppeteer writes, “Many of us hoped the Internet would disrupt the music industry along with all other media industries, giving more power — and more pay — to musicians and songwriters. And yet, somehow the amount musicians get paid each time their songs stream is a tiny fraction of a cent.”
To be a Pokémon master, you’ll need a phone that won’t constantly die on you. Because nothing is worse than seeing the screen go black right as you’ve finally found the Charizard of your dreams.That’s why we’re so excited about the LinearFlux PokeCharger Portable Battery ($39.99). With its 3.0 Amp HyperCharging technology, this slim battery will […]
The tech industry is constantly innovating, and in order to stay competitive, you’ll need to keep up. The Programming Into the Future Bundle was created to teach you the skills employers are looking for at this very moment, including in-demand coding languages like Google Go.The bundle of courses includes instruction on a range of innovative tools that advanced coders […]
If you’re running low on MacBook storage, your options are pretty limited. External hard drives mean toting around another piece of bulky equipment, and you probably don’t want a USB stick constantly protruding from your laptop.That’s why the Nifty MiniDrive for MacBooks is such a desirable alternative, and one of our top tech finds this year. You can add […]