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"Joel Tenebaum fights back with the help of leading internet lawyers"  (Source: http://joelfightsback.com/)
Massachusetts student to pay $22,500 per shared song

Joel Tenebaum, a graduate student at Boston University, is the nation’s second defendant to go to trial against the Recording Industry Association of America (RIAA) on file sharing charges. In July of 2009, his case went to federal court where the judge ruled that the defendant pay $675,000 in damages to the RIAA. The only other file sharing defendant to trial against the RIAA was Jammie Thomas-Rasset, who had to pay $1.92 million for sharing 24 songs on Kazaa.

The Obama Administration, which recently asked five former RIAA lawyers to serve in the Justice Department, is supporting the verdict, stating that copyright infringement, "creates a public harm that Congress is determined must be deterred."

In lieu of the tension between the Chinese Government and Google regarding the recent IP theft and  account hacking problems, it isn’t hard to see why the Obama Administration is standing so firmly against copyright infringements. Whether a defendant is sharing files or hacking into a corporation, their act violated copyright laws, and failing to take action could make the administration's policy look inconsistent.

Under the copyright act, fines are determined by the judge and jury and can range from $750 to $150,000 . The Justice Department defends its ruling with the following statement.

The current damages range provides compensation for copyright owners because, inter alia, there exist situations in which actual damages are hard to quantify. Furthermore, in establishing the range, Congress took into account the need to deter the millions of users of new media from infringing copyrights in an environment where many violators believe they will go unnoticed.

Tenebaum’s defense team is going back to work on $22,500 per-song ruling, in hopes of lowering the penalty to $750 per-song.



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How is Obama involved?
By Shadowself on 1/21/2010 2:35:33 PM , Rating: 2
This is no more an act of "the Obama Administration" than the prior $1.92 million case was an act of "the Bush Administration". The President (no matter which president) tracks these kinds of cases about as closely as I track the cost of camel dung in the Sudan -- that is, not at all.

This is all the act of a few mid level bureaucrats (judge and DoJ lawyers) that are getting their way. Unfortunately, in the U.S. Government (well, to be honest, in most governments) the mid level guys run the government the way they want and unless they do something that extremely crosses the line the top tier don't clamp down on them.




RE: How is Obama involved?
By amanojaku on 1/21/2010 2:39:06 PM , Rating: 3
The DOJ is part of the executive branch, and each member is chosen by the president. The douches that upheld the original verdict were appointed by Obama. Not that it matters, considering Jaime Thomas was screwed by Bush's appointees. The fact is no politician, Dem or Rep, is going to look favorably on illegal file sharing, and few will say these fines are beyond ridiculous.

The defendants should pay for the cost to go to trail and the real price of the songs, if found guilty.


RE: How is Obama involved?
By Reclaimer77 on 1/21/10, Rating: -1
RE: How is Obama involved?
By Smilin on 1/21/2010 3:01:48 PM , Rating: 2
You're forgetting something kind of important.

Bush was a dick.


RE: How is Obama involved?
By retrospooty on 1/21/2010 6:49:36 PM , Rating: 2
Can you ever just act human, just once? Must you be a complete schmuck at ALL times?


RE: How is Obama involved?
By arazok on 1/21/2010 3:07:59 PM , Rating: 5
While your technically correct, this is the sort of BS the people hoped would stop when they voted for “Change”. Instead, they got:

quote:
The Obama Administration, which recently asked five former RIAA lawyers to serve in the Justice Department, is supporting the verdict, stating that copyright infringement, "creates a public harm that Congress is determined must be deterred.


Americans need to stop voting Democrat/Republican and wondering why nothing ever changes.


RE: How is Obama involved?
By killerb255 on 1/21/2010 5:15:45 PM , Rating: 2
The reason people vote Democrat/Republican is that people are suckers for the Freudian primitive defense mechanism called "splitting."

Splitting is when we compartmentalize the overwhelming amount of information in life into only two extremes. Good vs. evil. Happy vs. sad. Right vs. wrong. Black vs. white. True vs. false.

In this case, conservative vs. liberal.

To handle the grays, we use a scale of 1-10: 10 being the positive result, and 9-8-7-6-5-4-3-2-1 being all negative results that are weighed the same.

We all wish life were that simple, and we try to get through life lying to ourselves about it being that simple.

tl;dr version: We do it because it's easier.


RE: How is Obama involved?
By killerb255 on 1/21/2010 5:19:33 PM , Rating: 2
Don't get me wrong: I'm not saying I agree with that mentality.

The problem is getting enough people to disagree with it. Once enough people do, then an independent or other political party-affiliated candidate may become president.

Interesting enough, the only president that was not a member of a political party was George Washington. I'm not 100% sure on this (someone correct me if I'm wrong), but I don't think he wanted the US to have political parties...


RE: How is Obama involved?
By arazok on 1/21/2010 11:13:57 PM , Rating: 3
I can't say that I disagree with you, but I'm not sure about your theory. There is something unique about American politics. Most countries have many political parties, and create/destroy them routinely. Canada, Germany, Italy etc all have numerous major parties.

Ross Perot took a good stab at creating a new party. He spent millions of his own money, had some electoral success, but he could never get it to self sustain. Money seems all too important in the US system.

In most countries, a political party will spend 10-20 million during a campaign. In the US, it's hundreds of millions. Who has that kind of money? Or more importantly, how can you get that sort of money without whoring yourself out to the various special interests?


RE: How is Obama involved?
By Dafuznmehed on 1/25/2010 11:56:38 AM , Rating: 2
quote:
Americans need to stop voting Democrat/Republican and wondering why nothing ever changes.


I couldn't help but think of this poem.

http://www.jabberwocky.com/carroll/walrus.html


“We do believe we have a moral responsibility to keep porn off the iPhone.” -- Steve Jobs














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