James Delahunty
23 Jan 2010 19:56
The Justice Department has vocally supported the awarding of $675,000 in damages to the Recording Industry Association of America (RIAA) from a Massachusetts student for sharing 30 songs illegally on the Internet. The department said that copyright infringement, "creates a public harm that Congress determined must be deterred."
The comments aren't very surprising, since several former RIAA lawyers do serve in high positions. The student in question is Joel Tenenbaum, a Boston University graduate student, who is only the second person to go to trial against the RIAA following a P2P lawsuit. Over 30,000 such claims were made, almost all of which have resulted in settlements for a few thousand dollars.
The Copyright Act allows for fines ranging from $750 to $150,000 per infringement. After the Jury verdict in Tenenbaum's case, his defense team mounted a legal challenge against the damages, claiming they were unconstitutional on the grounds that they were disproportionate to the harm done to the industry by the crime.
"The current damages range provides compensation for copyright owners because, inter alia, there exist situations in which actual damages are hard to quantify," the Justice Department wrote. "Furthermore, in establishing the range, Congress took into account the need to deter the millions of users of new media from infringing copyrights in an environment where many violators believe they will go unnoticed."
Tenenbaum’s legal team is attempting to bring the damages down to $750 per infringement.