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David v. Goliath: How the Record Industry is Winning Substantial Judgments Against Individuals for Illegally Downloading Music

Texas Tech Law Review, Vol. 42, p. 1031, 2010

Texas Tech Law School Research Paper No. 2011-03

38 Pages Posted: 17 Apr 2011 Last revised: 25 May 2014

Kate Cross

Texas Tech University School of Law

Date Written: December 1, 2010

Abstract

In “David v. Goliath: How the record industry is winning substantial judgments against individuals for illegally downloading music,” author Kate Cross describes developments in the field of copyright law that institute damages for copyright violations. She discusses the Copyright Acts of 1790, 1909, 1976, 1988 and 1999. Cross then examines the rise of excessive damages of both a statutory and punitive nature.

Next, Cross compares the Williams and Gore standards for analyzing statutory damages and presents arguments for each method. Finally, she proposes that the guideposts presented in Gore are the appropriate guidelines to use for analyzing the amount of damages that should be assessed for the level of infringement that occurred.

JEL Classification: K19

Suggested Citation

Cross, Kate, David v. Goliath: How the Record Industry is Winning Substantial Judgments Against Individuals for Illegally Downloading Music (December 1, 2010). Texas Tech Law Review, Vol. 42, p. 1031, 2010; Texas Tech Law School Research Paper No. 2011-03. Available at SSRN: https://ssrn.com/abstract=1811064

Kate Cross (Contact Author)

Texas Tech University School of Law ( email )

1802 Hartford
Lubbock, TX 79409
United States

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