Tenenbaum Admits Copyright Infringement For Music File-Sharing: Part 2 of 2

By Heather Faucher | Posted on August 11, 2009 | Filed Under Copyrights 

Ouch! A Boston federal jury recently ordered Joel Tenenbaum to pay a total of $675,000—$22,500 per song—to the major record labels, deciding that he willfully infringed 30 songs, downloading and distributing them over the KaZaA peer-to-peer (P2P) network. The jury handed down its verdict late Friday afternoon after only a little over three hours of deliberation.

Tenenbaum’s attorney, Harvard Law School professor Charles Nesson, believes that “it’s a bankrupting award.” He suggested that things might have fallen differently had they been allowed to argue Fair Use. “We were not allowed to speak to fairness. I thought we had pretty damn good arguments on Fair Use.”

“I’m disappointed, but not surprised, but I’m thankful that it wasn’t much bigger, that it wasn’t millions,” Tenenbaum said after the verdict was announced. He stated that he does not have the funds to pay the judgment rendered against him. Should the award stand, Tenenbaum plans to file for bankruptcy. He also said that he was “not displeased with the jury considering how the trial went.”

One group who isn’t displeased with the verdict is the RIAA. Read more

Tenenbaum Admits Copyright Infringement For Music File-Sharing: Part 1 of 2

By Heather Faucher | Posted on August 11, 2009 | Filed Under Copyrights 

The copyright infringement case for Boston University graduate student Joel Tenenbaum has been a closely-watched and hotly-contested one. Accused of downloading and uploading music illegally via peer-to-peer (P2P) software, Tenenbaum originally denied the allegations brought against him by the RIAA, going so far as to lie in written discovery responses and denying all responsibility. But when he took the stand at his copyright trial, he finally stopped lying.

“This is me. I’m here to answer,” said Tenenbaum. “I used the computer. I uploaded and downloaded music. This is how it is. I did it,” he testified in a packed courtroom.

“Are you admitting liability for all 30 sound recordings” on which the record labels brought suit, asked the plaintiffs’ attorney Tim Reynolds.

“Yes,” said Tenenbaum.

“Why did you lie at that point?” asked Tenenbaum’s attorney, Harvard Law School professor Charles Nesson.

“It was kind of something I rushed through,” said Tenenbaum. “It’s what seemed the best response to give. He went on to say that, when he gave the admittedly-false discovery responses, he had been acting on the advice of his mother Judith, an attorney employed by the Commonwealth of Massachusetts.

Once he gave those clear-cut admissions, he sealed his fate. Read more

Divorce Touchy Subject in Cases of Domestic Violence

By Heather Faucher | Posted on August 4, 2009 | Filed Under Divorce 

According to the American Institute on Domestic Violence, 5.3 million women are abused each year. Additionally, at least 1,232 women are killed each year by an intimate partner. Domestic violence remains the leading cause of injury to women, and women are far more likely to be attacked by someone they know rather than a random stranger. Ironically, while men typically fall victim to violent crimes more often than women, women are victimized by intimate partners 5 to 8 times more often than men. In fact, statistics show that 21% of violent crimes against women are committed by an intimate partner, whereas only about 2% of the violence committed against men are perpetrated by an intimate partner.

Violence is given as a reason for divorce in approximately 22% of middle-class marriages. Separated or divorced women fall victim to the highest rates of intimate partner victimization, with never-married women following at the lower end of the spectrum. Many people look at the battered women who stay in abusive relationships and assume they must not want help if they don’t ask for it, or just “get out” of the dangerous situation they’re in. But sometimes it’s just not that easy.

Read more

First Time Homebuyers Q&A Part 5

By Heather Faucher | Posted on July 31, 2009 | Filed Under Real Estate 

Check out Part 1, Part 2, Part 3, and Part 4 of this semi-regular series.

SO I FOUND MY DREAM HOME! NOW WHAT?

19. WHAT ABOUT HOME INSPECTORS? WHAT DO THEY DO, AND HOW IMPORTANT ARE THEY?

Let’s tackle the last question first: EXTREMELY important! A home inspector is an expert in the safety, structure, and condition of homes. Once you hire an inspector to examine the home you’re considering purchasing, the inspector (we’ll use the pronoun “he” here on out just for convenience’s sake) will check the safety of the house, focusing mainly on the structure, construction, and mechanical systems of the house. He will also clue you in to any repairs that the home needs–something that is vital to know before you purchase the house and all problems become yours to take care of.

Read more

USPTO Getting with the Digital Times!

By Heather Faucher | Posted on July 28, 2009 | Filed Under Patents 

Last week, the United States patent and Trademark Office (the USPTO) announced that it was implementing the e-Office Action program after the successful completion of its pilot project. Under this program, patent filers will receive electronic notices of online communications via e-mail, instead of paper correspondence through snail mail. How does this system work?

It’s as easy as point and click! Those participating in the program are sent a e-mail whenever new communications from the USPTO are available, and then they can access and download those communications via Private PAIR, the patent application information retrieval system. This system allows patent applicants electronic access to their entire file history for their applications.

In the USPTO’s press release, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the USPTO John Doll had this to say: “We received very positive feedback from applicants who participated in the pilot program. Not only have we dramatically reduced paper processing and mailing costs but also expedited notification allowing applicants to take full advantage of their time period for reply to an office action.”

Read more

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