Joel Tenenbaum pays for music piracy
Joel Tenenbaum, one of the few people caught sharing copyrighted content online who decided not to pay up to make it all go away, has been told to, well, pay up.
According to BBC News, in 2005 Joel Tenenbaum, then 16-years-old, was accused of file-sharing and hit with a fine of $5,250 for seven songs. He offered $500 but was declined. In 2007 the case went to court for the first time. Damages of $675,000 were eventually awarded to the music labels who sued Tenenbaum for the 31 songs he now admitted to having downloaded, but he requested a new jury trial.
Today that request was denied, with District Court Judge Rya Zobel affirming the penalty. The judge also saw fit to add an extra verbal admonishment, stating in the judgment [PDF link], “There was ample evidence of willfulness and the need for deterrence based on Tenenbaum’s blatant contempt of warnings and apparent disregard for the consequences of his actions. In spite of the overwhelming evidence from which the jury could conclude that Tenenbaum’s activities were willful, 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.” Well, that makes it OK then, I guess.
Should Tenenbaum have stopped doing what he was doing when he was warned against it? Yes, of course. But does that continued infringement on copyrights, willful or otherwise, justify such a huge cash amount in damages? Most right-thinking people would say no. It doesn’t matter that it’s a lot less than the maximum that could have been awarded, it’s still too much for the crime that has been committed.
The maximum is absolutely ludicrous, as Tenenbaum would have been hit with a bill for several million dollars had the jury truly taken against him. But $675,000 is still a sum of money that means Tenenbaum will be in debt for the rest of his life, barring some miraculous lottery win. And all for downloading and distributing just 31 songs.
The RIAA sees this as a glorious victory, but what does it really achieve? Tenenbaum has had his life ruined, but the money is small change to those organizations who’ll (eventually, some day, maybe) receive it. And I can guarantee this verdict won’t do a thing to put anyone else off sharing content online. It just makes the RIAA look bad, and the record companies look greedy and incompetent. Victory!
August 24th, 2012
I wonder if the Judge or any members of the Jury had ever downloaded 7 songs or shared them. Or any software, DVD’s, videos or tapes.
Probably. “justice”.
August 24th, 2012
Seems justice does not exist anymore. The copyrights give unlimited power to media companies and no rights to the people. This madness really should stop. Hopefully in the future the laws will become more honost and the court less slave of the media industry.
August 25th, 2012
rights to the people? what kinda bullshit statement is that? If you go to the cinema to watch a movie you pay 10 bucks in to see the movie one time. if you wanna see it again you have to pay again. not like with audio material. you buy a CD and its yours, for good. but people cant even pay a lousy dollar for an mp3 download, no it has to be ripped and stolen from file sharing sites. You know there’s always a big fuzz about the bad evil media companies and that it wont affect them but what that guy did is not just a crime and it doesnt matter what he downloads and how much. what matters is that he’s gonna be another example and encouragement to others to download music for free. This is damaging the music industry and not only the major labels and the major artists but the ones without major contracts and without any big advances that are working their asses off and try to make a living out of the what their doing until some jerk is ripping the album and distributing it on the net for free or even makes some money himself from it.
It’s still theft, and theft need to be punished! in this case the measure was draconic, but something needs to be done !
August 27th, 2012
oh thats
August 27th, 2012
This idiot deserves it.He thought he was clever but he turned out to be a $675,000 idiot.
Read (http://www.dailydot.com/news/joel-tenenbaum-kazaa-download-675000-fine/) and wikipedia article (Sony BMG vs Tenenbaum) which says this dude was given multiple warnings including a Cease & Desist order from Sony,which he stubbornly refused to obey.I now understand why the courts gave him a huge fine.The dude even refused to pay the initial $3,500,which could have put the matter to rest.Folks,we are dealing with a repeat offender who doesnt regret what he did.Given a chance he would do it again.I say let him rot in jail.Pay the fine or go to jail dude.You cant fight Sony and the Music Industry.