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

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