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Etc: As expected, the RIAA has appealed a decision slashing the damages Joel Tenenbaum is required to pay by a factor of ten.

Adi — Thu, 22 Jul 2010 17:58:08 +0000

As expected, the RIAA has appealed a decision slashing the damages Joel Tenenbaum is required to pay by a factor of ten. Read More: Recording Industry Vs The People , Ars Technica Read the comments on this post

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Etc: As expected, the RIAA has appealed a decision slashing the damages Joel Tenenbaum is required to pay by a factor of ten.

RIAA 2008 Litigation – Spends $17 Million, Recoups $391,000

Zocor — Wed, 14 Jul 2010 00:52:31 +0000

In what shape is the litigation campaign for the RIAA? Evidently, it’s far worse then we thought if the RIAAs IRS forms are anything to go by. If you were wondering why the RIAA wants to contest the fine reduction in the Tenenbaum case, well, the theory about money isn’t too far off base.

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RIAA 2008 Litigation – Spends $17 Million, Recoups $391,000

RIAA Cries Foul Over Tenenbaum Fine Reduction

Zocor — Mon, 12 Jul 2010 04:11:37 +0000

It may be the least surprising reaction of the year, but the RIAA (Recording Industry Association of America) has said that they would contest the ruling that saw the reduction of the Tenenbaum fine from $675,000 to $67,500. The organization said that it would contest the ruling, but exactly how remains to be seen at

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RIAA Cries Foul Over Tenenbaum Fine Reduction

Double standard: Unlicensed bar music vs. P2P users

AgentSmith — Mon, 12 Jul 2010 03:30:00 +0000

Massachusetts federal judge Nancy Gertner just slashed the damage award against admitted P2P user Joel Tenenbaum from $675,000 to $67,500 . In her opinion, she drew a fascinating parallel between Tenenbaum's conduct and that of bars and restaurants who don't pay up for a license to play music in public. Why aren't they hit with tremendous six-figure fines?

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Double standard: Unlicensed bar music vs. P2P users

Judge Declares Tenenbaum Fine Unconstitutional, Slashes it By Tenth

Adi — Sat, 10 Jul 2010 00:02:22 +0000

It’s been a while since we were able to report on anything in the Tenenbaum case, but news has broke today that the Joel Tenenbaum case took an interesting turn. A judge called the $675,000 fine “unconstitutionally excessive” and slashed it by a factor of ten to $67,500. It’s been nearly a year since Joel

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Judge Declares Tenenbaum Fine Unconstitutional, Slashes it By Tenth

Judge slams, slashes "unconstitutional" $675,000 P2P award

Adi — Fri, 09 Jul 2010 20:01:00 +0000

Judge Nancy Gertner knows that Joel Tenenbaum did it. Tenenbaum, the second US target of the RIAA's five-year litigation campaign to complete a trial, eventually admitted his music-sharing liability on the stand—and Judge Gertner issued a directed verdict against him. But when the jury returned a $675,000 damage award , they went too far.

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Judge slams, slashes "unconstitutional" $675,000 P2P award

Judge Guts Whopping RIAA File Sharing Verdict

AgentSmith — Fri, 09 Jul 2010 19:57:13 +0000

A federal judge on Friday slashed by 90 percent the damages a jury awarded the recording industry in a lawsuit against a university student caught file-sharing. The judge declared the original $675,000 award as “unconstitutionally excessive.” U.S. District Judge Nancy Gertner reduced last year’s verdict to $67,500, or $2,250 for each of the 30 tracks defendant Joel Tenenbaum unlawfully downloaded and shared on Kazaa.

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Judge Guts Whopping RIAA File Sharing Verdict

Charles Nesson, scourge of the labels, now must pay them

Zocor — Thu, 04 Mar 2010 17:10:00 +0000

Joel Tenenbaum, the second P2P defendant to take his case to trial in the US, may never pay the $675,000 judgment currently filed against him—but someone on his legal team will soon be paying something . Judge Nancy Gertner has ruled that both Tenenbaum and his lawyer, Harvard Law’s Charles Nesson, are “jointly and severally liable” for some fees incurred by the RIAA during the trial. The ruling comes after the defense team inexplicably posted the very songs at issue in the case to the Internet, and Nesson posted a public link on his blog for anyone to download them.

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Charles Nesson, scourge of the labels, now must pay them

Tenenbaum Offers $21 Counter Offer to the RIAA

AgentSmith — Fri, 19 Feb 2010 20:09:46 +0000

Convicted file-sharer argues that actual damages caused by illegally downloading 30 songs on KaZaA was $21, that being 70 cents for each song record labels would have received if he purchased the music from Apple’s iTunes. Joel Tenenbaum was found guilty of copyright infringement for illegally downloading 30 songs on KaZaA this past August, and was fined a total of $675,000, or $22,500 p/song. His attorney, Harvard Law Professor Charles Nesson, has already decided to appeal the verdict on the grounds that downloading music without a copyright holder’s permission qualifies for “fair use” exemption from copyright laws, and that if an individual file-sharer is not proven to have caused actual losses that they can’t be held liable for damages.

Convicted File-Sharer: DRM-Free Tracks on KaZaA to Blame

AgentSmith — Thu, 07 Jan 2010 16:45:27 +0000

Tenenbaum’s attorney argues in request for retrial that Joel Tenenbaum and other music listeners could not get “exactly the songs they wanted, in exactly the format they wanted” until the music industry did away with DRM in 2007, and that the availability of DRM-free tracks on Napster and KaZaA” contributed substantially to their immense public appeal.” Harvard Law Professor Charles Nesson has formally filed a motion for a retrial in the case of convicted file-sharer Joel Tenenbaum. Tenenbaum was found guilty of copyright infringement for illegally sharing 30 songs this past August and was fined $22,500 p/song for a total of $675,000. Tenenbaum’s attorney is arguing that Tenenbaum and other music listeners could not get “exactly the songs they wanted, in exactly the format they wanted” until the music industry did away with DRM in 2007, meaning that the time frame he can claim a fair use extension should be extended from 2003, the birth of iTunes, to 2007.

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Convicted File-Sharer: DRM-Free Tracks on KaZaA to Blame

RIAA Victim Files for New Trial, Damages Excessive

Zocor — Tue, 05 Jan 2010 22:20:51 +0000

It would seem statutory damages are a bittersweet pill for the record industry. On one hand they provide a handy battering ram for intimidating litigation targets into settling out of court, which is good for them. On the other, they can be used to turn a victory into a crushing defeat, which could be very bad.

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RIAA Victim Files for New Trial, Damages Excessive

Tenenbaum’s P2P use: the labels made me do it!

Zocor — Tue, 05 Jan 2010 18:33:00 +0000

For journalists, the Joel Tenenbaum P2P case has been the gift that keeps on giving . Case in point: the team’s court filing asking for either a new trial or a vastly reduced damage award. It turns out that the labels were at least partially responsible for Tenenbaum’s years of P2P sharing.

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Tenenbaum’s P2P use: the labels made me do it!

‘I got my ass kicked,’ Charles Nesson admits

AgentSmith — Fri, 04 Dec 2009 19:14:59 +0000

Harvard law professor Chales Nesson admits “I got my ass kicked” in the Joel Tenenbaum vs the RIAA trial. Like Jammie Thomas-Rassett, Tenenbaum was ordered to pay for allegedly 30 downloading copyrighted songs . His bill?

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‘I got my ass kicked,’ Charles Nesson admits

RIAA Member Lawyer Blames Joel for ThePirateBay Mixtape

Adi — Thu, 03 Sep 2009 03:50:40 +0000

Interesting new development in the Tenenbaum case. After ThePirateBay posted the DJ Joel Mixtape , a torrent of the songs Joel was sued for ($675,000 in damages), the development made it’s way into court documents. Plaintiffs were apparently not impressed saying, “despite the verdict and a clear finding of willful copyright infringement by Defendant, he continues to promote, indeed advertise, illegal online file-sharing of Plaintiffs’ copyrighted sound recordings” Maybe it’s our imagination, but last we checked, Joel Tenenbaum is not an admin of ThePirateBay nor did he have much involvement in the creation of the mixtape outside of the court documents that listed the songs in the first place.

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RIAA Member Lawyer Blames Joel for ThePirateBay Mixtape

RIAA continues to squeeze Tenenbaum, wants injunction

Adi — Thu, 03 Sep 2009 01:32:00 +0000

The gloves are coming off. Although the RIAA already won a $675,000 judgment against student Joel Tenenbaum over 30 songs shared on P2P networks, the recording industry has a fixation with going the extra mile against infringers. It is asking courts to issue injunctions against repeated infringement for both Tenenbaum and Jammie Thomas-Rasset , the only other file-sharing defendant to go to trial in the US.

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RIAA continues to squeeze Tenenbaum, wants injunction