In UMG v. Lindor, in Brooklyn federal court, the presiding judge has held that Marie Lindor can try to prove that the RIAA's claim of $750-per-song statutory damages is a violation of the Due Process Clause of the Constitution, since she has evidence that the actual wholesale price of the downloads is only 70 cents.

This decision activates an earlier ruling by the Magistrate in the case that the record labels must now turn over "all relevant documents" regarding the prices at which they sell legal downloads to online retailers, and produce a witness to give a deposition by telephone on the subject.

Judge Trager rejected the RIAA's claim that the defense was frivolous, pointing out that the RIAA had cited no authorities contradicting the defense, but Ms. Lindor's attorneys had cited cases and law review articles indicating that it was a valid defense.

http://recordingindustryvspeople.blogspot.com/2006/11/judge-grants-marie-lindors-motion-to_09.html