Magistrate Recommends Sanctions for RIAA’s “Clever Scheme”

In Arista Records, L.L.C., et al v. Does 1-27, 9 of the 27 anonymous John Does (a collection of students at the University of Maine) moved to dismiss the Record Industry's complaint on the basis that the Record Industry failed to allege that their usage of Gnutella P2P system was unlawful.  After addressing the issue [...]

Damages in Copyright Cases

For a willful infringement, the Copyright Act provides for the following damages:
In a case where the copyright owner sustains the burden of proving, and the court finds, that infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000.  In a case [...]