Thursday, February 25, 2010

File sharers get some sympathy from the judicial system.


Boston University graduate student Joel Tenenbaum is seeking a reduction in the fine he was ordered to pay to the recording industry. Tenenbaum, who was ordered to pay $675,000 to four labels, and his lawyer, believe the damages he was ordered to pay were excessive.


"If Tenenbaum had bought the songs legally on iTunes, Nesson argued, the student would have paid 99 cents for each, and the record labels would have received 70 cents each from Apple. Thus, Nesson said, total damages should be no more than $21."

Somewhat surprisingly the judge who originally presided over the trial said she was "sympathetic" to the 26 year old grad student's plight.

Another "file sharer" has already had her damages reduced by a judge. Jammie Thomas-Rasset had her damages reduced from 1.9 million to $54,000. The industry offered to settle for 25k, but Rasset rejected the offer and the case is set to go back to trial.

Should the judicial system be reversing damages like this?


To read more go to http://www.boston.com/news/education/higher/articles/2010/02/24/smaller_damages_sought_in_music_case/

1 comment:

Anonymous said...

I do think it's a bit much, just provide a figure and stick to it. But then again, it must be difficult to solidify the damages and what the defendant is liable for...we will see what happens.