RIAA Accused of Double Dipping

Written by tinfoil on Friday, 17 November 2006 18:53

Ray Beckerman reports: Answer Filed in Arista v. Greubel in Texas; Defendant Says Plaintiffs' Receiving $115M From Kazaa Bars Duplicate Recovery from Defendant.

In Arista v. Greubel in Texas, the defendant has interposed a number of affirmative defenses, including:

-A first affirmative defense which alleges that if defendant were liable, Kazaa would be jointly and severally liable along with him, and that the $115,000,000 settlement which the RIAA received from Kazaa constitutes recovery in full.
-A third affirmative defense that the $750-per-song damages theory is unconstitutional, and that recovery should be limited to 4 times the value of each download, or $2.80 each.

Answer of David Greubel*

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