Obama Administration Takes Side in P2P Suit

WASHINGTON — The Justice Department under the Obama administration has sided with the major record labels in a federal lawsuit where an accused peer-to-peer pirate has argued that current law providing for $150,000 in damages per copyright violation is too "punitive."

The current administration’s decision to side against piracy is a good sign for the adult entertainment industry, which has suffered under a proliferation of stolen content traded online.

Tube sites, along with torrent sites and other peer-to-peer file sharing methods, are ripping members areas and illegally copying scenes from DVDs for surfers to view for free. The ability to download “a la carte” as much adult content as your hard drive can hold ostensibly trains a whole generation of potential adult consumers to expect porn for free, much like Napster did for music.

A legal brief filed Sunday in a case that the Recording Industry Association of America is pursuing in Massachusetts says “the harms caused by copyright infringement” on the Internet include limiting “a copyright owner's ability to distribute legal copies of copyrighted works. The public in turn suffers from lost jobs and wages, lost tax revenue, and higher prices for honest purchasers of copyrighted works.”

The Obama administration's choice to intervene in the Massachusetts suit comes after the Bush administration joined the RIAA’s suit against Jammie Thomas, who was accused of piracy.

In the Massachusetts case, Harvard law professor Charles Neeson and his students are arguing in the case of Joel Tenenbaum, who was accused of sharing music on file-sharing networks.

Tenenbaum claims that current copyright law provides for damages so excessive that they violate due process rights, and are therefore unconstitutional.

“The remedy of statutory damages for copyright infringement has been a cornerstone of our federal copyright law since 1790, and Congress acted reasonably in crafting the current incarnation of the statutory damages provision,” Justice Department attorneys wrote in its brief defending current copyright laws.

“Congress sought to account for both the difficulty of quantifying damages in the context of copyright infringement and the need to deter millions of users of new technology from infringing copyrighted works in an environment where many violators believe that their activities will go unnoticed.”

Several top lawyers in the Obama Justice Department were formerly employed in file-sharing lawsuits brought by the RIAA.

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

'White-Hot' Party Set to Kick Off XBIZ Miami

XBIZ is pleased to announce that the annual White-Hot Party, the official opening bash of XBIZ Miami, is set for Monday, May 19, at Mynt Lounge in South Beach.

AORTA Films Adds New Team Members

AORTA Films has added three industry veterans to its team.

Sabien DeMonia Stars in New Brazzers Interactive Release

Sabien DeMonia stars in a new interactive POV scene for Brazzers, titled “Dancing My Clothes Off.”

AEBN Publishes Popular Searches for March, April

AEBN has announced the top search terms for March and April from its straight and gay theaters in all 50 states and the District of Columbia.

Takedown Piracy Adds 'Search Max' Feature

Takedown Piracy has launched Search Max, a search engine for detecting, verifying, and removing Google infringements.

Sex Workers' Group Fights Proposed Swedish Ban on 'Remote' Sexual Services

The European Sex Workers’ Rights Alliance (ESWA) has launched a campaign against a Swedish government proposal to expand current laws against purchasing sexual services to apply to acts performed remotely by cammers, streamers and custom content creators.

Nicole Doshi, Scarlett Alexis Topline Latest 'Squirting Lesbians' From Sweetheart Video

Nicole Doshi and Scarlett Alexis headline the eighth volume of "Squirting Lesbians" from Mile High Media's studio imprint Sweetheart Video.

FSC: Arizona Governor Signs Controversial Age Verification Law

Free Speech Coalition has released a statement regarding Arizona Governor Katie Hobbs signing the state's age verification bill into law.

NCOSE Sues 4 Adult Websites Under Kansas Age Verification Law

The National Center on Sexual Exploitation (NCOSE), a conservative anti-pornography organization, has sued four adult websites in Kansas under the state's age verification law.

Blake Blossom Toplines 'No Going Back' Sequel From Bellesa

Blake Blossom headlines the second volume of "No Going Back" from Bellesa Films.

Show More