Andre Yoskowitz
21 May 2012 21:21
The case of Joel Tenenbaum continues.
Tenenbaum, the former doctorate student who was convicted of illegally sharing 30 tracks via P2P has had his Supreme Court petition declined, sending the case back to the district court from which it came.
The alleged pirate was originally fined $675,000 for sharing the tracks, but the fine was reduced to $67,500 in 2010, after a judge deemed the original penalty unconstitutional and "excessive." Seeking an even further reduction, Tenenbaum tried unsuccessfully in 2011 to petition to the district court and actually had his reduction reversed back to $675,000 after the major labels and RIAA appealed.
In this case, the trial will go on, bouncing between appeals.
Says the lawyer defending Tenenbaum (pro-bono): "This is where we feel we're being pushed down a rat hole. The award is lowered but the plaintiffs, the recording companies, are given the option of whether to accept the award or go through another trial. It's like a way of keeping us in litigation forever."
If forced to pay the full fine, Tenenbaum would have to file for bankruptcy protection, says his lawyer.