According to senator Coleman the law forces people to settle with the plaintiff out of fear, and without challenge.
"The range of penalties was put in when downloading wasn't even thought of. I can tell you that $150,000 per song is not reasonable, and that's technically what you can put in front of somebody," Coleman said in a conference call with reporters. "That forces people to settle when they may want to fight, but they're thinking, 'Goodness, gracious, what am I going to face?' "
Instead of DMCA subpoenas being processed by clerks, Coleman would like to see the law changed so that some judicial review would be included. So far RIAA has filed lawsuits against a 12-year-old girl (settled out of court for $2,000) and a 65-year-old grandmother (RIAA dropped charges), so there's definitely room for critizism.
Source:
The Register
Pioneer Press
Written by: Jari Ketola @ 3 Oct 2003 15:40