{"id":583724,"date":"2010-05-28T10:43:37","date_gmt":"2010-05-28T14:43:37","guid":{"rendered":"http:\/\/techdirt.com\/articles\/20100527\/1626329607.shtml"},"modified":"2010-05-28T10:43:37","modified_gmt":"2010-05-28T14:43:37","slug":"supreme-court-asked-to-explore-whether-innocent-infringement-is-a-legit-response-in-file-sharing-cases","status":"publish","type":"post","link":"https:\/\/mereja.media\/index\/583724","title":{"rendered":"Supreme Court Asked To Explore Whether ‘Innocent Infringement’ Is A Legit Response In File Sharing Cases"},"content":{"rendered":"

A few years back, we wrote about a teenager who used “innocent infringement” as a defense to an unauthorized file sharing lawsuit brought against her by the RIAA. Innocent infringement is in the law, as a way to reduce the statutory awards from the $750 minimum to $200. It doesn’t absolve the person or get them out of paying, but can greatly lower the amount. The district court agreed<\/a>, and said she could just pay the $200 rate. However, an appeals court overturned<\/a>, saying that because CDs have copyright notices on them — even though the girl never saw the CDs — the girl should have known that the mp3s were infringing. The logic there made very little sense. How can you hold someone to a clause that was never seen?<\/p>\n

The girl’s lawyers have now appealed the case to the Supreme Court<\/a>, which now has the option of weighing in on the matter (the Wired article linked here is a little misleading, in that at the beginning and in the headline, it implies that the Supreme Court has agreed to hear the case). If I had to guess, I’d say the Supreme Court won’t take the case, even though it is an important issue.<\/p>\n

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A few years back, we wrote about a teenager who used “innocent infringement” as a defense to an unauthorized file sharing lawsuit brought against her by the RIAA. Innocent infringement is in the law, as a way to reduce the statutory awards from the $750 minimum to $200. It doesn’t absolve the person or get […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[7],"tags":[],"class_list":["post-583724","post","type-post","status-publish","format-standard","hentry","category-news"],"_links":{"self":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/583724","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/comments?post=583724"}],"version-history":[{"count":0,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/posts\/583724\/revisions"}],"wp:attachment":[{"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/media?parent=583724"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/categories?post=583724"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mereja.media\/index\/wp-json\/wp\/v2\/tags?post=583724"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}