If you believe that American voters with their heads still floating high in the hopesphere can be affected by facts, then you might regard this story as another sobering moment. Obama vowed that his administration would fight hard for working people despite the troubling fact that far too many officials in his administration have vested private interests in the matters they were assigned to address.

Validating fears that they will be puppets of the “Big 4″ record companies, the administration has intervened to support the RIAA’s position that it’s okay to award statutory damages from 2,100 to 425,000 the actual damages to big corporations. We don’t have a government in America, only a coalition of giant corporations.

The Obama Administration’s Department of Justice, with former RIAA lawyers occupying the 2nd and 3rd highest positions in the department, has shown its colors, intervening on behalf of the RIAA in the case against a Boston University graduate student, SONY BMG Music Entertainment v. Tenenbaum, accused of file sharing when he was 17 years old. Its oversized, 39-page brief (PDF) relies upon a United States Supreme Court decision from 1919 which upheld a statutory damages award, in a case involving overpriced railway tickets, equal to 116 times the actual damages sustained, and a 2007 Circuit Court decision which held that the 1919 decision — rather than the Supreme Court’s more recent decisions involving punitive damages — was applicable to an award against a Karaoke CD distributor for 44 times the actual damages. Of course none of the cited cases dealt with the ratios sought by the RIAA: 2,100 to 425,000 times the actual damages for an MP3 file. Interestingly, the Government brief asked the Judge not to rule on the issue at this time, but to wait until after a trial. Also interestingly, although the brief sought to rebut, one by one, each argument that had been made by the defendant in his brief, it totally ignored all of the authorities and arguments that had been made by the Free Software Foundation in its brief. Commentators had been fearing that the Obama/Biden administration would be tools of the RIAA; does this filing confirm those fears?

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