Pamela Samuelson, one of America's leading copyright scholars, has published a working paper arguing that the DoJ's and RIAA's theory for calculating damages in downloader lawsuits is flawed:
A working paper coauthored by noted copyright law scholar Prof. Pamela Samuelson of the University of California Law School discusses, in depth, various issues regarding statutory damages under the Copyright Act.
Working paper by Prof. Samuelson on Copyright Act statutory damages argues Gore due process test applicable to statutory damages
Among other things, the paper concludes that the State Farm/Gore due process test is applicable to statutory damage awards under the Copyright Act, a position which is consistent with the position taken in the amicus curiae brief filed by the Free Software Foundation in SONY BMG Music Entertainment v. Tenenbaum, and inconsistent with the positions taken by the Department of Justice in Tenenbaum and in SONY BMG Music Entertainment v. Cloud
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