Monday, July 09, 2007

Avril Update

Thanks to Gordon Duggan, leader of for making me aware of reports of a lawsuit against iTunes involving Avril's allegedly infringing song. The source of the reports appears to the the sometimes reliable Appleinsider site, here.

What is clearly NOT reliable is the suggestion that the Plaintiffs "could alternately collect $150,000 for every infringement and skim interest on the pre-judgment financial award, potentially forcing a significant payout."

Much as I decry statutory damages, they don't work that way. The award is up to $150,000 in the USA per work and NOT per infringing copy and the Plaintiff has the burden of proving that the infringement was done "willfuly" to escalate to that high figure. One can be quite confident that iTunes did not "willfully" peddle an infringing work, assuming Avril's song is ever held to be infringing, which is far from certain.


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