1709 Blog: for all the copyright community

Tuesday, 28 August 2012

Tenenbaum damages upheld

The latest stage in the Joel Tenenbaum saga has resulted in another court loss for the self confessed file sharer after a federal appeals court upheld the award of damages of $675,000 previously made by a jury. 

Tenenbaum was accused of illegally downloading 31 songs from a file-sharing Web site and distributing them, and was sued by the Recording Industry Association of america (RIAA) on behalf of the major record labels in the USA. US District Court Judge Rya W. Zobel rejected Tenenbaum's request for a new jury trial, saying jurors had appropriately considered the evidence of Tenenbaum's actions -- downloading and distributing files for two years despite warnings -- and the harm to the plaintiffs and noted that the penalty is at the low end of the range for wilful infringement and below the limit for even non wilful infringement, and thus was not excessive. Although having been previously refused a Supreme Court hearing, Tenenbaum's attorney Charles Nesson said that he plans a further appeal. 

More at CNet and E-Commerce and background on the 1709 here and here 

Image: freefoto.com (Ian Britton)

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