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RIAA may receive help from DoJ in filesharing case

It's been argued before that the RIAA's claim of $750 per song shared in damages -- a standard figure used in all filesharing cases within the US -- may be unconstitutional. According to Ray Beckerman of Recording Industry vs. The People, the defendant in Atlantic vs. Boggs has not only challenged the constitutionality of the claim, but has entered a counterclaim based on the challenge. That means we're playing for real dollars and the RIAA isn't impressed.

The RIAA moved to dismiss the counterclaim and, in a somewhat unusual action, the US Department of Justice filed a motion with the court asking for a 60 day stay in which it will decide whether or not to intervene.

If the RIAA's constitutionality claims can be set aside, it will take serious muscle out of the spamigation being perpetuated, and could force an extreme change of strategy.

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