Monday, August 17, 2009

FILE SHARERS SHOULD BE TREATED AS LEAST AS WELL AS EXXON

Progressive Review - Charles Carreon, an attorney in Tucson, writes us concerning news that the Obama administration is backing the recording corporados claims to extraordinary fines against down loaders and file shares:

"If punitive damages, such as those that the Supreme Court set aside in the Exxon Valdez case, are unconstitutional because they do not bear a reasonable relation to the amount of actual damages, then it would seem that statutory penalties under the Copyright Act should be equally unconstitutional because disproportionate to the actual harm."

Wikipedia, 2008 - After nearly 20 years, Exxon Mobil Corp. will have to pay punitive damages for the massive Valdez oil spill in Alaska. But in its ruling, the Supreme Court slashed those damages to about $500 million. The plaintiffs - fishermen, landowners and native Alaskans - had hoped for much more.

A lower court had ordered the company to pay $2.5 billion in punitive damages, but in its opinion, the Supreme Court found that amount excessive. The high court said that under federal maritime law, punitive damages shouldn't be any larger than the compensatory damages the company had already been ordered to pay. In other words, the company shouldn't have to pay more in punishment than the actual damage it caused.

0 Comments:

Post a Comment

<< Home