A Dimension of the Lindor Suit [6:15 pm]
From ArsTechnica: RIAA fights to keep wholesale pricing secret
The record labels are strenuously opposing Lindor’s attempts to gain access to the pricing information. They have argued that it shouldn’t be divulged, and if it is, it should only be done so under a protective order that would keep the data highly confidential. The RIAA regards the wholesale price per songâ€”widely believed to be about 70Â¢ per trackâ€”as a trade secret.
[...] The pricing information could be crucial for Lindor as she makes the argument that the damages sought by the RIAA are excessive. In this and other cases, the labels are seeking statutory damages of $750 per song shared. Lindor argues that the actual damages suffered by the RIAA are in line with the wholesale price per song, and if that is indeed the case, damages should be capped accordinglyâ€”between $2.80 and $7.00 per songâ€”if infringement is proven.