RIAA Sues Another

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In the numerous cases of the Recording Industry Association of America suing those who have downloaded music illegally, most of those charged pled “not guilty” in hopes of avoiding paying hefty fines. This trend has allowed the RIAA to continue filing suits and bringing in the cash.

In a move not yet seen in this battle of David and Goliath, a Bronx woman is not only taking on the RIAA but also the constitutionality of the legislation they so often tout: the Copyright Act.

Denise Baker is being sued by the RIAA for sharing eight songs on the Kazaa network four years ago. Rather than having her lawyer attempt to get her out of the charges, she admitted liability so she could put the act under scrutiny.

Baker and her attorney, Ray Beckerman, both admit that illegal file sharing is wrong and are not trying to argue otherwise. The problem they have with the Copyright Act is the outrageous nature of the fines (which, in Baker’s case, could be as high as $150,000) accompanying each download.

The fines charged in court are nothing near the $3.50, Beckerman, who writes a blog about the recording industry, says each download is really worth. The Supreme Court agrees, ruling fines over nine times the actual value unconstitutional.

Baker’s case is not only unique in that she admitted her guilt, but also in her decision not to settle outside of court like some 20,000 have already done. Only one RIAA suit has ever gone to trial ().