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File Sharer Settles with RIAA for a Whopping $756 a Song

Submitted by MacRonin on August 19, 2008 - 1:25am.
  • Companies
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File Sharer Settles with RIAA for a Whopping $756 a Song - Via Threat Level:

A Bronx woman is agreeing to pay the Recording Industry Association of America $6,050 to settle allegations she purloined eight tracks on the file sharing network Kazaa.

That's $756.25 a song from artists (.pdf) DMX, Lenny Kravitz, Eagles, Sade, Ready For the World, Uncle Sam and Tamia.

The settlement (.pdf) came three weeks after the woman, Denise Barker, admitted liability and challenged (.pdf) the constitutionality of the Copyright Act, the law under which the RIAA sued Barker and thousands of others for copyright infringement. Among other things, Barker alleged the act's fines, up to $150,000 per track, were unconstitutionally excessive and against U.S. Supreme Court precedent.

The woman's attorney, Ray Beckerman, said Monday that Barker decided to settle. "The client makes the decision. I would have loved to litigate this," he said. "I think we had good defenses."

The RIAA has sued more than 20,000 individuals for illegal file sharing. Most of the accused settle out of court for a few thousand dollars.

Barker will make 55 monthly payments of $110, ending in February 2013, according to the settlement agreement in U.S. District Court for the Southern District of New York.

Only one RIAA file sharing case has gone to trial, resulting in a $222,000 penalty, or $9,250 for each of the 24 purloined tracks.

Illlustration: Modernhumorist.com

See Also:

  • Judge Hints at Mistrial in RIAA v. Jammie Thomas
  • RIAA's Lawsuit Strategy in the Balance at Jammie Thomas Hearing Monday
  • New RIAA Lawsuit Defense Tactic: Admit Liability, Challenge the Law
  • Judge Orders Legal Fees in RIAA v Andersen
  • RIAA 'Making Available' Argument: File Sharers 'Freeload'
  • Professors Siding With Jammie Thomas in RIAA Case


(Read Original Article - Via Threat Level.)


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