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."
CSIR-Tech is the commercial arm of the Indian government’s Council of Scientific and Industrial Research; after spending ₹50 crore (about USD7.6M) pursuing more than 13,000 “bio-data patents” (patents of no real value save burnishing the credentials of the scientists whose names appear on them), they have run out of money and shut down.
Troy Hunt, proprietor of the essential Have I Been Pwned (previously) sets out the hard lessons learned through years of cataloging the human costs of breaches from companies that overcollected their customers’ data; undersecured it; and then failed to warn their customers that they were at risk.
The World Wide Web Consortium has announced that its members have until April 19 to weigh in on whether the organization should publish Encrypted Media Extensions, its DRM standard for web video, despite the fact that this would give corporations the new right to sue people who engaged in legal activity, from security researchers who […]
You know the drill. You go to the dentist and they ask you how often you floss. You lie through your teeth and say, “every day!” (Bonus points if you have some cilantro or chives stuck in your gums from lunch). You don’t want to keep up the charade any longer, but rubbing that tiny strand […]
The Raspberry Pi Foundation has done outstanding work packing a fully capable desktop computer into a package the size of a deck cards—especially one that only costs $35. But if you already have a working laptop, why should you care? Oh, how much you have to learn. Besides operating well as a compact digital media hub, […]
Custom coffee vessels are the perfect piece of office flair, but it’s just a matter of time before your VOTE FOR PEDRO mug will start to lose its relevant wit. Why not have a new one every day, with whatever silly nonsense you want sticking off the sides? You can save big on your novelty […]