Obama Administration Takes Side in P2P Suit

WASHINGTON — The Justice Department under the Obama administration has sided with the major record labels in a federal lawsuit where an accused peer-to-peer pirate has argued that current law providing for $150,000 in damages per copyright violation is too "punitive."

The current administration’s decision to side against piracy is a good sign for the adult entertainment industry, which has suffered under a proliferation of stolen content traded online.

Tube sites, along with torrent sites and other peer-to-peer file sharing methods, are ripping members areas and illegally copying scenes from DVDs for surfers to view for free. The ability to download “a la carte” as much adult content as your hard drive can hold ostensibly trains a whole generation of potential adult consumers to expect porn for free, much like Napster did for music.

A legal brief filed Sunday in a case that the Recording Industry Association of America is pursuing in Massachusetts says “the harms caused by copyright infringement” on the Internet include limiting “a copyright owner's ability to distribute legal copies of copyrighted works. The public in turn suffers from lost jobs and wages, lost tax revenue, and higher prices for honest purchasers of copyrighted works.”

The Obama administration's choice to intervene in the Massachusetts suit comes after the Bush administration joined the RIAA’s suit against Jammie Thomas, who was accused of piracy.

In the Massachusetts case, Harvard law professor Charles Neeson and his students are arguing in the case of Joel Tenenbaum, who was accused of sharing music on file-sharing networks.

Tenenbaum claims that current copyright law provides for damages so excessive that they violate due process rights, and are therefore unconstitutional.

“The remedy of statutory damages for copyright infringement has been a cornerstone of our federal copyright law since 1790, and Congress acted reasonably in crafting the current incarnation of the statutory damages provision,” Justice Department attorneys wrote in its brief defending current copyright laws.

“Congress sought to account for both the difficulty of quantifying damages in the context of copyright infringement and the need to deter millions of users of new technology from infringing copyrighted works in an environment where many violators believe that their activities will go unnoticed.”

Several top lawyers in the Obama Justice Department were formerly employed in file-sharing lawsuits brought by the RIAA.

Related:  

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Kasey Kei, Ameena Green Star in Latest From Evil Angel

Kasey Kei and Ameena Green star in a scene from Evil Angel.

Evil Angel Debuts Proxy Paige's 'All Aboard The Trans Express'

Evil Angel has released director Proxy Paige’s new title, “All Aboard The Trans Express.”

Brazil: New AV Requirements Set to Take Effect March 17

President Luiz Inácio Lula da Silva this week gave final approval to new regulations requiring adult websites to age-verify users located in Brazil starting March 17.

Angela White Leads Latest From Brazzers

Multi-XMAs winner Angela White stars with Victor Ray in the latest release from Brazzers, titled "BuZZed and Boned."

Ariel Demure, Lulu Chu Star in New Transfixed Release

Reigning and two-time XMAs Trans Performer of the Year Ariel Demure stars with Lulu Chu in the latest release from Transfixed, titled "A Matter of Principal."

Elizabeth Skylar, Isa Bella Topline 'Tempted by the Babysitter' From Sweetheart Video

Elizabeth Skylar and Isa Bella headline “Tempted by the Babysitter” from Mile High Media studio imprint Sweetheart Video.

Kira McKay Makes Her WIFEY Debut

Kira McKay stars with her husband Jerome and Dan Damage in the latest release from Vixen Media Group studio imprint WIFEY.

FSC Recommends Platforms Integrate StopNCII.org Tool

In a blog post, Free Speech Coalition (FSC) has recommended that platforms integrate the StopNCII.org tool to prevent the sharing of non-consensual intimate imagery (NCII).

Calita Fire Toplines 'Swingers Resort' From Private

Calita First headlines the latest release from Private, titled “Swingers Resort.”

Octavia Red, Vince Karter Star in Latest From Elegant Angel

Recent XMA winners Octavia Red and Vince Karter star in the latest release from Elegant Angel, titled "Octavia Red Demure in Paris."

Show More