MPAA sez, "We shouldn't have to prove infringement took place before collecting $150k per file in damages"

 

Posted by Cory Doctorow, June 21, 2008 1:49 AM | permalink

 

In an amicus brief filed in the Jammie Thomas trial, lawyers for the MPAA argued that it was unreasonable to ask copyright holders to prove that infringement had taken place before awarding them damages of up to $150,000 per file.

"Mandating such proof could thus have the pernicious effect of depriving copyright owners of a practical remedy against massive copyright infringement in many instances," MPAA attorney Marie L. van Uitert wrote Friday to the federal judge overseeing the Jammie Thomas trial.

"It is often very difficult, and in some cases, impossible, to provide such direct proof when confronting modern forms of copyright infringement, whether over P2P networks or otherwise; understandably, copyright infringers typically do not keep records of infringement," van Uitert wrote on behalf of the movie studios, a position shared with the Recording Industry Association of America, which sued Thomas, the single mother of two.

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