BigChampagne's Ultimate Chart (a/o February 10th):
1. “What Doesn't Kill You (Stronger),” Kelly Clarkson
2. “Set Fire to the Rain,” Adele
3. “Turn Me On,” David Guetta
4. “Rack City,” TYGA
5. “Good Feeling,” Flo Rida
6. “Smooth Criminal (Glee Cast Version),” Glee Cast
7. “Young, Wild & Free,” Snoop Dogg & Wiz Khalifa
8. “Domino ,” Jessie J
9. “Sexy and I Know It,” LMFAO
10. “Ass Back Home ,” Gym Class Heroes
Are statutory infringement penalties just way out of whack? Another judge has decided the answer to that question is yes, specifically in the case against swapper Joel Tenenbaum. Initially saddled with a $675,000 fine for infringing 30 tracks, US District Judge Nancy Gertner has now deemed that charge "unconstitutionally excessive".
So, instead of $22,500 per infringed work - itself a major discount from RIAA demands - Tenenbaum will now face a $2,250-per-work charge. That mirrors a similar per-infringement decision related to RIAA defendant Jammie Thomas-Rasset, whose penalty was also deemed totally excessive.
Suddenly, judges are taking a stand against stiff statutory rates, even though Congress established the penalties. Great news for Tenenbaum and Thomas - sort of - and more bad news for the RIAA, a group now facing the prospect of a lower-rate precedent. The 64-page decision on Sony BMG Music Entertainment vs. Tenenbaum (yes, this case is that old) is available here.
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