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A ruling handed down yesterday by Germany's highest court represents a blow to rightsholders in their quest to clamp down on illicit file-sharing. The court ruled that the parents of a teenager who had made available more than 1,100 songs on file-sharing networks can not be held responsible for their son's infringements, nor be required to monitor or hinder his online activities.

The Court ruled that the parents had met their parental obligations when they informed their child of "basic do's and don'ts" including that file-sharing copyrighted content online is illegal. Furthermore, the Court ruled that the parents were not required to monitor their child's online activities nor install special software to restrict his online behavior. This would only be required should the parents have "reasonable grounds" to presume that their child would engage in infringing activities online.

This is hardly a surprise, but similar to the Joel Tenenbaum case, Jammie Thomas-Rasset (the other person sued for copyright infringement for using a file sharing system), has lost again. The appeals court (8th Circuit) has ruled that $9,250 per song infringed is perfectly reasonable and that the judge in the case, Michael Davis, erred in calling for a new trial after the initial jury verdict (the first of three). There were a number of procedural issues here, and it's worth pointing out that Thomas-Rasset herself more or less asked the court to bring back this first verdict and focus on the Constitutionality of the damages amount. So, the whole mess with the three separate district court trials sort of gets swept under the rug. However, the court simply isn't buying Thomas-Rasset's claim that the statutory damages are unconstitutionally punitive and a violation of due process. Basically, it says that the fact that statutory damages are completely out of whack with actual damages doesn't matter, because the point of statutory damages is that they're disconnected from actual damages on purpose (because, in theory, they're put in place because actual damages are difficult to assess).

“The government does not cite a single case in which analysis of the NSA’s bulk metadata collection actually stopped an imminent terrorist attack,” the judge wrote.

“Given the limited record before me at this point in the litigation – most notably, the utter lack of evidence that a terrorist attack has ever been prevented because searching the NSA database was faster than other investigative tactics – I have serious doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism.”

You may remember a high-profile, landmark ruling last year in Massachusetts, where charges against Simon Glik -- arrested for violating a state law that said it's "wiretapping" to record a police officer in public without his permission -- weren't just dropped, but the arrest was found to be both a First and Fourth Amendment violation. In the end, Boston was forced to pay Glik $170,000 for violating his civil rights. You would think that story would spread across Massachusetts pretty quickly and law enforcement officials and local district attorneys would recognize that filing similar charges would be a certified bad idea. Not so, apparently, in the town of Shrewsbury. Irving J. Espinosa-Rodrigue was apparently arrested and charged under the very same statute after having a passenger in his car videotape a traffic stop for speeding, and then posting the video on YouTube. Once again, the "issue" is that Massachusetts is a "two-party consent" state, whereby an audio recording can't be done without first notifying the person being recorded, or its deemed a "wiretap." This interpretation, especially when dealing with cops in public, is flat-out ridiculous and unconstitutional, as the Glik ruling showed.