AfterDawn: Tech news

Tenenbaum piracy fine now official

Written by Andre Yoskowitz (Google+) @ 07 Dec 2009 17:17 User comments (19)

Tenenbaum piracy fine now official A federal judge has officially placed graduate student Joel Tenenbaum on the line for $675,000 USD, the fine he was given by a jury after being found guilty of sharing 30 unauthorized songs via P2P networks.
Judge Nancy Gertner signed off on the damages, meaning Universal gets $292,500, Warner gets $225,000, Sony BMG gets $112,500 and Arista gets $45,000.

Despite signing off on the giant fine, Judge Gertner once against expressed concern over the "astronomical penalties" available to copyright holders, and noted that Tenenbaum missed out on an opportunity to shape the future of fair use laws.

"As it made clear previously, the Court was prepared to consider a more expansive fair use argument than other courts have credited—perhaps one supported by facts specific to this individual and this unique period of rapid technological change. For example, file sharing for the purposes of sampling music prior to purchase or space-shifting to store purchased music more efficiently might offer a compelling case for fair use. Likewise, a defendant who used the new file-sharing networks in the technological interregnum before digital media could be purchased legally, but who later shifted to paid outlets, might also be able to rely on the defense,"
says Gertner.

Tenenbaum has said he will declare bankruptcy leaving the record labels with nothing if the fine is ruled constitutional on January 5th.

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19 user comments

17.12.2009 20:18

Ridiculous,what more can you say

27.12.2009 20:54

Next thing is Sony will be suing itself for selling DVD blanks and burners to people who copy the movies that Sony produces and protects, because it doesn't want them copied - at least they can count on compliant courts to give them favourable verdicts - then they can declare bankruptcy.

37.12.2009 21:08
kubapolak
Inactive

This is what happens when corporations have a lot of money! Outrageous fine for the kid!

48.12.2009 0:23

Originally posted by kubapolak:
This is what happens when corporations have a lot of money! Outrageous fine for the kid!
The court wanted to rule in his favor, but he would not even defend himself.

58.12.2009 4:32

How do you even prove they lost money? You have to assume that the people the downloaded these files didn't buy it afterward. Also, good luck having him pay that.

[sarcasm]
You know that's a realistic amount to pay off. A real dent in the world of piracy was made today... good job.
[/sarcasm]

68.12.2009 13:35

A same IMO CP/IP should only be enforced when the shearer makes money off the information trade.....

78.12.2009 15:18

Quote:
Tenenbaum has said he will declare bankruptcy leaving the record labels with nothing if the fine is ruled constitutional on January 5th.
This is your get out of jail free card hey.

88.12.2009 15:24

Quote:
Quote:
Tenenbaum has said he will declare bankruptcy leaving the record labels with nothing if the fine is ruled constitutional on January 5th.
This is your get out of jail free card hey.
Hardly free....one can bearly live in this age without credit.......
This message has been edited since its posting. Latest edit was made on 08 Dec 2009 @ 15:25

98.12.2009 18:07

Quote:
Quote:
Quote:
Tenenbaum has said he will declare bankruptcy leaving the record labels with nothing if the fine is ruled constitutional on January 5th.
This is your get out of jail free card hey.
Hardly free....one can bearly live in this age without credit.......
Actually its possible i am i don't have a credit card and don't see the reason to have one as of yet.

108.12.2009 18:14

Quote:
Quote:
Quote:
Quote:
Tenenbaum has said he will declare bankruptcy leaving the record labels with nothing if the fine is ruled constitutional on January 5th.
This is your get out of jail free card hey.
Hardly free....one can bearly live in this age without credit.......
Actually its possible i am i don't have a credit card and don't see the reason to have one as of yet.
True true but when you want a house or a care.....

118.12.2009 18:15

I'd rather not have a credit card ever honestly... I do have one in the event that I need it for something. Until then I just keep making stupid little purchases on it so there's some activity there. I like debit a whole lot more.

128.12.2009 18:26

Originally posted by KSib:
I'd rather not have a credit card ever honestly... I do have one in the event that I need it for something. Until then I just keep making stupid little purchases on it so there's some activity there. I like debit a whole lot more.
Ya but credit cards and your credit rating are 2 different things...

138.12.2009 18:41

I think I missed something. When did credit ratings come into play here?

148.12.2009 20:35

why didn't the little butt plug defend himself in court? He totally screwed up any position another FS (file sharer) could use in the future.
well, bankruptcy it is! And he can rest assured he won't be paying back these tards for the next 30+ years.

RIP MAFIAA. This time you have won, but are numbers are legion. You will be destroyed.

158.12.2009 20:38

Originally posted by Ducky04:
why didn't the little butt plug defend himself in court? He totally screwed up any position another FS (file sharer) could use in the future.
well, bankruptcy it is! And he can rest assured he won't be paying back these tards for the next 30+ years.

RIP MAFIAA. This time you have won, but are numbers are legion. You will be destroyed.
She did and lost, they offered 2K fine but she turned it down fought and lost....

168.12.2009 23:12

Quote:
Originally posted by Ducky04:
why didn't the little butt plug defend himself in court? He totally screwed up any position another FS (file sharer) could use in the future.
well, bankruptcy it is! And he can rest assured he won't be paying back these tards for the next 30+ years.

RIP MAFIAA. This time you have won, but are numbers are legion. You will be destroyed.
She did and lost, they offered 2K fine but she turned it down fought and lost....
But she fought on the stand that she had not shared the files when they had solid proof that she did. The judge went so far as to tell her, her lawyer, and the whole court that she should fight on the stance that the law is unjust, not that she didn't break the law. It is probably more the fault of her lawyer than anyone.

In related news, these same companies just got charged with pirating 300,000 tracks and SELLING THEM. If the case had held out a few more days, she might have been in the clear.

179.12.2009 0:33

Quote:
Quote:
Originally posted by Ducky04:
why didn't the little butt plug defend himself in court? He totally screwed up any position another FS (file sharer) could use in the future.
well, bankruptcy it is! And he can rest assured he won't be paying back these tards for the next 30+ years.

RIP MAFIAA. This time you have won, but are numbers are legion. You will be destroyed.
She did and lost, they offered 2K fine but she turned it down fought and lost....
But she fought on the stand that she had not shared the files when they had solid proof that she did. The judge went so far as to tell her, her lawyer, and the whole court that she should fight on the stance that the law is unjust, not that she didn't break the law. It is probably more the fault of her lawyer than anyone.

In related news, these same companies just got charged with pirating 300,000 tracks and SELLING THEM. If the case had held out a few more days, she might have been in the clear.
Was the lawyer working probono?

189.12.2009 12:28

Anti-piracy laws should be reviewed, simple as that. People complain about frivolous lawsuits, and cases like this one aren't any different. There's no reason why anybody should pay such a ridiculous sum of money just because he or she was caught sharing 30 songs.

The justice system should not be biased, but as it stands, it's showing a strong pro-business bias which has got to end.

1914.12.2009 21:59

Now wouldn't it be great if the lawyers at the concerned music companies were awarded multimillion dollar bonuses regardless of them realizing the proceeds of the fines !!!

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