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Illegal download student who shared 30 songs online ordered to pay £404,000 to record labels

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Illegal download student who shared 30 songs online ordered to pay £404,000 to record labels

 

By Daily Mail Reporter

Last updated at 12:43 AM on 02nd August 2009

 

 

article-0-05E60539000005DC-288_233x491.jpg Student Joel Tenenbaum admitted illegally downloading and sharing music online and has been ordered to pay thousands to four record companies

 

 

A federal jury has ordered a Boston University student who admitted illegally downloading and sharing music online to pay $675,000 (£404,000) to four record labels.

Joel Tenenbaum, of Providence, Rhode Island, admitted in court that he downloaded and distributed 30 songs. The only issue for the jury to decide was how much in damages to award the record labels.

 

Under federal law, the recording companies were entitled to $750 to $30,000 per infringement. But the law allows as much as $150,000 per track if the jury finds the infringements were willful. The maximum jurors could have awarded in Tenenbaum's case was $4.5 million.

 

Jurors ordered Tenenbaum to pay $22,500 for each incident of copyright infringement, effectively finding that his actions were willful. The lawyer for the 25-year-old student had asked the jury earlier Friday to 'send a message' to the music industry by awarding only minimal damages.

 

Tenenbaum said he was thankful that the case wasn't in the millions and contrasted the significance of his fine with the maximum.

 

'That to me sends a message of 'We considered your side with some legitimacy,' he said. '$4.5 million would have been, 'We don't buy it at all.'

 

He added he will file for bankruptcy if the verdict stands.

 

Tenenbaum's lawyer, Harvard Law School professor Charles Nesson, said the jury's verdict was not fair. He said he plans to appeal the decision because he was not allowed to argue a case based on fair use.

 

The Recording Industry Association of America issued a statement thanking the jury for recognising the impact illegal downloading has on the music community.

 

'We appreciate that Mr Tenenbaum finally acknowledged that artists and music companies deserve to be paid for their work,' the statement said. 'From the beginning, that's what this case has been all about. We only wish he had done so sooner rather than lie about his illegal behaviour.'

In his closing statement, Nesson repeatedly referred to Tenenbaum as a 'kid' and asked the jury to award only a small amount to the recording companies.

 

Nesson suggested the damages should be as little as 99 cents per song, roughly the same amount Tenenbaum would have to pay if he legally purchased the music online.

But Tim Reynolds, a lawyer for the recording labels, recounted Tenenbaum's history of file-sharing from 1999 to 2007, describing him as 'a hardcore, habitual, long-term infringer who knew what he was doing was wrong'.

 

Tenenbaum said he downloaded and shared hundreds of songs by Nirvana, Green Day, The Smashing Pumpkins and other artists. The recording industry focused on only 30 songs in the case.

Tenenbaum admitted that he had downloaded and shared more than 800 songs.

He would not say if he regretted downloading music, saying it was a loaded question.

 

'I don't regret drinking underage in college, even though I got busted a few times,' he said.

 

The case is only America's second music downloading case against an individual to go to trial.

Last month, a federal jury in Minneapolis ruled that Jammie Thomas-Rasset, 32, must pay $1.92 million, or $80,000 on each of 24 songs, after concluding she willfully violated the copyrights on those tunes.

The music industry has typically offered to settle such cases for about $5,000, though it has said that it stopped filing such lawsuits last August and is instead working with Internet service providers to fight the worst offenders. Cases already filed, however, are proceeding to trial.

Under questioning from his own lawyer, Tenenbaum said he now takes responsibility for the illegal swapping.

 

'I used the computer. I uploaded, I downloaded music ... I did it,' Tenenbaum said.

student? :o

he looks so old to be a student to me :uhoh:

 

anywyas my dad told me about that news today :freak:

student? :o

he looks so old to be a student to me :uhoh:

 

anywyas my dad told me about that news today :freak:

 

you're never too old to learn.

I'm getting so damn tired of this.

 

Also, why would you download Green Day and Nirvana? That's just asking for trouble.

  • Author
I'm getting so damn tired of this.

 

Also, why would you download Green Day and Nirvana? That's just asking for trouble.

 

:laugh3:

 

Yeah - maybe he got what he deserved in that case!!:P

They really expect him to pay that much? :inquisitive:

  • Author
They really expect him to pay that much? :inquisitive:

 

Well as he lives on Rhode Island, I'm pretty sure he's good for it................... :rolleyes:

Well as he lives on Rhode Island, I'm pretty sure he's good for it................... :rolleyes:

 

True... but still, the penalties for illegally downloading music are far too high.

  • Author

^Actually, I reckon if you download or share Green Day you should be jailed for life. :rolleyes:

Where's the reference to Green Day in the article? I don't see it...

Tenenbaum said he downloaded and shared hundreds of songs by Nirvana, Green Day, The Smashing Pumpkins and other artists. The recording industry focused on only 30 songs in the case.

Tenenbaum admitted that he had downloaded and shared more than 800 songs.

He would not say if he regretted downloading music, saying it was a loaded question.

 

.

.

 

Wow for some reason my control+f wasn't working :p

 

Yea, he deserves to go to jail.

  • Author
Wow for some reason my control+f wasn't working :p

 

Yea, he deserves to go to jail.

 

Unanimous verdict, then!:laugh3:

  • Author
OBJECTION![/url]

 

Too late. Sentence has already been passed.:rolleyes:

Not the jailed for life one, sir.

  • Author
Not the jailed for life one, sir.

 

It's been decided that downloading Green Day carries a mandatory life term with no chance of parole.;)

It's been decided that downloading Green Day carries a mandatory life term with no chance of parole.;)

 

Where's this jury, sir? Do you have any idea how a court works? WHERE IS THE JURY?

  • Author
Where's this jury, sir? Do you have any idea how a court works? WHERE IS THE JURY?

 

Do you know the meaning of the word mandatory??:dozey:

Do you know the meaning of the word mandatory??:dozey:

 

AAAAAlgIuRwAAAAAAA8c-A.jpg

 

I speak English.

Another headline grabbing "we fine you silly money, but we don't expect you to pay it so will reduce it by a factor of 100 at appeal"

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