Judge Sees Nothing Unreasonable About $675,000 Music Piracy Fine - pachecopamentier45

A U.S. District Motor hotel judge has upheld a $675,000 fine for Joel Tenenbaum, the former Boston University student who illegally downloaded and common 31 songs through the long-dead service Kazaa.

Tenenbaum, who first of all started fighting the case in 2007, was found guilty 2 age later, and faced a fine of $22,500 per song. Although U.S. District Court Judge Nancy Gertner found the jury's original verdict to be "unconstitutionally excessive," an appeals court overturned her decision last November.

In May, the U.S. Supreme Motor inn refused to hear Tenenbaum's appeal on constitutional grounds, so the case went back to the U.S. District Court again, with a red-hot judge who was not allowed to rule based on constitutionality.

That brings us to this week's ruling by Judge Rya Zobel. In her decisiveness to uphold the original $675,000 fine, Zobel notes that Tenenbaum "received multiple warnings" about file sharing, and continued to download and parcel songs even after receiving a cease-and-desist alphabetic character from Sony in 2005. She also points tabu that Tenenbaum had his laptop computer's operating organisation reinstalled, and his hard drive wiped, despite organism told in 2005 to preserve demonstrate of his activities.

"Shortly, there was ample certify of willfulness and the pauperism for deterrence based connected Tenenbaum's vociferous contempt of warnings and apparent disregard for the consequences of his actions," Zobel wrote.

Damages of $22,500 per song are well below the maximum fine of $150,000 per willful infringement, Zobel said. They also fall below the upper limit $30,000 penalty for non-willful infringement.

Nonetheless, the case is likely to drag out. Tenenbaum's lawyer, Charles Nesson, has indicated that he will charm Zobel's decision, accordant to the Hub of the Universe World reports. Eastern Samoa CNet noted in May, the case could even end up in figurehead of the Supreme Court of the United States again.

At this point, however, the case seems more like a pride fight between the music manufacture and Tenenbaum than an attempt to fit precedent. The Transcription Industry Association of America stopped filing inexperienced lawsuits against file sharers eld ago, and kit and boodle with Internet religious service providers to respond to copyright complaints.

Follow Jared happening Chitter, Facebook or Google+ for even up more tech newsworthiness and commentary.

Source: https://www.pcworld.com/article/460879/judge_sees_nothing_unreasonable_about_675_000_music_piracy_fine.html

Posted by: pachecopamentier45.blogspot.com

Share this post