Matches in DBpedia 2014 for { ?s ?p Alito filed a dissent from the Court's denial of certiorari, in a case involving a 16-year old girl sued for illegally downloading music from the internet. The lower court had ruled the girl was ineligible for the "innocent infringer" defense, which would have reduced the statutory damages available, because it was foreclosed by , which applies when the defendant had access to a "phonorecord" bearing a copyright notice. Alito noted that the statutory definition of "phonorecord" only applied to material objects, and so there was a "strong argument" that §402 did not apply to downloaded digital music files. Though there was not yet a circuit split on the issue, Alito believed certiorari was appropriate because the issue was important and unlikely to be presented to the courts of appeals in many cases.. }
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- 2010_term_United_States_Supreme_Court_opinions_of_Samuel_Alito summary "Alito filed a dissent from the Court's denial of certiorari, in a case involving a 16-year old girl sued for illegally downloading music from the internet. The lower court had ruled the girl was ineligible for the "innocent infringer" defense, which would have reduced the statutory damages available, because it was foreclosed by , which applies when the defendant had access to a "phonorecord" bearing a copyright notice. Alito noted that the statutory definition of "phonorecord" only applied to material objects, and so there was a "strong argument" that §402 did not apply to downloaded digital music files. Though there was not yet a circuit split on the issue, Alito believed certiorari was appropriate because the issue was important and unlikely to be presented to the courts of appeals in many cases.".