[FC-discuss] Proposed Jury Instructions on Damages in Sony v. Tenenbaum

[Seth Johnson]

> http://recordingindustryvspeople.blogspot.com/2009/07/defendant-submits-proposed-jury.html

 
Defendant submits proposed jury instruction on damages in SONY v
Tenenbaum


Thursday, July 30, 2009

posted by Ray Beckerman @ 7/30/2009 07:52:00 PM


Defendant has submitted a proposed jury instruction on damages in SONY
BMG Music Entertainment v. Tenenbaum.

Defendant's proposed jury instruction on damages:
> http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090730DeftsProposedJuryInstrDamages.pdf

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> http://beckermanlegal.com/pdf/Lawyer_Copyright_Internet_Law/sony_tenenbaum_090730DeftsProposedJuryInstrDamages.pdf


DEFENDANT'S REQUEST FOR JURY INSTRUCTION

RE: DAMAGES

Without waiving his objections that any amount of statutory damages in
this case would be excessive and unconstitutional, and not applicable
to a non­commercial user, the Defendant requests that the jury be
instructed that they may consider the following factors in determining
the amount of statutory damages:

1. Whether or not the infringement was for a commercial purpose, or
for profit;

2. Whether or not the infringer acted maliciously with the intent to
injure the copyright holder;

3. The age and maturity of the infringer.

It is clear that the Copyright Act contemplates that the highest
damages be extracted only from the worst offenders, and that the high
end of the continuum of infringers is occupied by malicious commercial
enterprises in the business of selling unauthorized copies for profit.
The jury's decision­making process must be channeled to effect this
legislative intent.


Date: July 30, 2009