Feeds

Court confirms $675,000 fine for sharing 30 songs

Tenenbaum is toast in haggle with big media

Intelligent flash storage arrays

Joel Tenenbaum has lost his request for a mistrial in his long-running case against the music industry over sharing music and now faces financial ruin.

The Massachusetts court declined his request for a mistrial and confirmed he will have to pay $675,000 in fines after being found guilty of sharing 30 songs on the Kazaa network. That's $22,500 per track.

In Friday's ruling, US District Court Judge Rya W. Zobel told Tenenbaum that the award against him was not excessive and he should be thankful he didn’t have to pay more.

"The award of $22,500 per infringement not only was at the low end of the range – only 15% of the statutory maximum – for willful infringement, but was below the statutory maximum for non-willful infringement," the ruling states. "Considering all of the aforementioned evidence, the jury’s damage award was not so excessive as to merit remittitur.”

The aforementioned evidence on the willful or non-willful nature of the office refers to Tenenbaum's testimony. After first denying the charges, he trying to blame the offense on his sister (which could make for fairly awkward family get-together), a house guest or a possible burglar. Tenenbaum later admitted to sharing the music from 1999 to 2007, and could potentially have faced a bill for over $4.5m for the 30 songs he was found guilty over.

Tenenbaum was 16 when he first got a warning letter from Sony's legal team, which initially demanded $5,250 for downloading seven songs from Napster and Kazaa. His counter-offer of $500 was rejected and the case first went to court in 2007.

Stepping up to his defense came Harvard law professor Charles Nesson, who promised to "put the record industry on trial," and recruited a team of eager young students to help out. After Tenenbaum was found guilty in 2009 they appealed the case, eventually getting the damages cut to $67,500 after the original verdict was ruled "unconstitutionally excessive."

Flushed with this success, they appealed again for the Supreme Court to hear the case. If this was a bad movie script, the plucky team would have saved the day in a dramatic court-room showdown. Instead the Supremes turned the request down, and with Friday's verdict confirming the full damages Tenenbaum now has little chance of avoiding financial ruin.

One could argue that Tenenbaum was spectacularly unlucky. There isn’t enough money in the world to pay the RIAA's members if all the people who had been file sharing at the time had to pay $22,500 per track, and similar fees for stolen apps and games. As has been pointed out, the RIAA has a tenuous grasp on economic realities.

But Tenenbaum made his own luck, to a degree. His conduct in the case was hardly smart and his legal team's strategy of doubling down has also been highly criticized, not least by some at El Reg, for failing to work on winnable portions of the case.

Tenenbaum is now left with few options. He can appeal the verdict, which looks likely to fail, or presumably declare bankruptcy since he's unlikely to have that amount of money stuffed under a mattress. Meanwhile musicians still aren’t getting paid, the media industry seems no closer to finding a workable solution to piracy, and warning letters from lawyers are becoming ever more common. ®

Choosing a cloud hosting partner with confidence

More from The Register

next story
Facebook pays INFINITELY MORE UK corp tax than in 2012
Thanks for the £3k, Zuck. Doh! you're IN CREDIT. Guess not
Big Content outs piracy hotbeds: São Paulo, Beijing ... TORONTO?
MPAA calls Canadians a bunch of bootlegging movie thieves
Google Glassholes are UNDATEABLE – HP exec
You need an emotional connection, says touchy-feely MD... We can do that
Just don't blame Bono! Apple iTunes music sales PLUMMET
Cupertino revenue hit by cheapo downloads, says report
US court SHUTS DOWN 'scammers posing as Microsoft, Facebook support staff'
Netizens allegedly duped into paying for bogus tech advice
Feds seek potential 'second Snowden' gov doc leaker – report
Hang on, Ed wasn't here when we compiled THIS document
Verizon bankrolls tech news site, bans tech's biggest stories
No agenda here. Just don't ever mention Net neutrality or spying, ok?
prev story

Whitepapers

Why cloud backup?
Combining the latest advancements in disk-based backup with secure, integrated, cloud technologies offer organizations fast and assured recovery of their critical enterprise data.
Getting started with customer-focused identity management
Learn why identity is a fundamental requirement to digital growth, and how without it there is no way to identify and engage customers in a meaningful way.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
New hybrid storage solutions
Tackling data challenges through emerging hybrid storage solutions that enable optimum database performance whilst managing costs and increasingly large data stores.
Mitigating web security risk with SSL certificates
Web-based systems are essential tools for running business processes and delivering services to customers.