In 1709 (or was it 1710?) the Statute of Anne created the first purpose-built copyright law. This blog, founded just 300 short and unextended years later, is dedicated to all things copyright, warts and all.
Wednesday 21 September 2011
Tenebaum damages back to starting point
In the see-saw world of US copyright damages for illegal downloading and file-sharing, a federal appeals court has reinstated a 'hefty' $675,000 judgment against Boston University post graduate student Joel Tenenbaum, who admitted to downloading music on Internet file-sharing sites after a judge had reduced the previous jury award at the same level by 90%. The US Circuit Court of Appeals for the First Circuit rejected Tenenbaum’s assertions that he did not violate copyright protection laws because he was a consumer, not someone looking to make a profit from downloading. The court also vacated the US District Court’s decision to reduce the total charges to $67,500, because Judge Nancy Gertner found the original figure was unconstitutionally excessive. The court instead reinstated the jury’s figure of $675,000 criticising Judge Gertner for disregarding procedure in reducing the award. The case involves 30 infringements of copyright law which attracts maximum statutory damages of $150,000 per violation, or a potential maximum in this case of $4.5 million.
In the other leading case involving single mum Jammie Rasset Thomas (Capitol Records v. Thomas-Rasset) Judge Michael Davis rejected a jury's damages award of $1.9 million through both remittitur and on constitutional grounds, and reduced the award to $54,000. The record labels offered defendant Rasset Thomas a settlement at $25,000but she rejected this, and then the labels appealed the judge determined award and a new trial was convened solely to determine damages. Here the jury awarded $1.5 million. This was again reduced by the judge to $54,000. The RIAA is currently appealing the most recent lower damages figure set by a court in the Eighth Circuit.
Both defendants have said they do not have the means to pay the damages awarded.
http://articles.boston.com/2011-09-20/news/30180976_1_appeals-court-joel-tenenbaum-district-court
http://www.courthousenews.com/2011/09/20/39931.htm
Photo: Tenenbaum's lawyer, Harvard law professor Charles Nesson in a fetching turtle-neck sweater.
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