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Supreme Court declines petition from doctorate student sued by RIAA

Written by Andre Yoskowitz (Google+) @ 21 May 2012 21:21 User comments (2)

Supreme Court declines petition from doctorate student sued by RIAA 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.

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2 user comments

125.5.2012 9:37

The RIAA has never collects a dime from any court case. That is the way they like it. They prefer to have the BIG threat. Smarter firms and the real danger to P2P settle for 2-3 K out of court. They process thousands of these a year. These firms have pretty much put an end to business as usual in the P2P world. Most have either stopped or have moved to pay services. In the P2P world even tiny fees have great effect.

225.5.2012 14:44

there but for the grace of God, go many of us.

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