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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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RE: Really?
By Fallen Kell on 1/21/2010 3:00:58 PM , Rating: 3
That is just adding fuel to their argument. They simply point to the fact that their sales are down and say, "See, we only made $1.5Billion this year as opposed to $1.7Billion last year. Sales are down because of piracy. We need better anti-piracy laws to protect us and our profits."


RE: Really?
By Denigrate on 1/21/2010 3:38:36 PM , Rating: 5
Never mind that sales are down due to crap product. Digital age means that we don't pay $15-$20 for an entire album with a single good song. Instead we pay $1 for the one good song from our online retailer of choice.

In today's market, artists would be better off to NEVER sign a record deal, and instead self promote via any of the social networking sites selling their own tunes for a 100% profit for themselves. This would also remove the "canned" sound we get from most "new" artists.


RE: Really?
By Seemonkeyscanfly on 1/21/2010 6:25:49 PM , Rating: 2
I agree with I think everyone here that an Artists deserves pay for their work. If a lot of people like it, they make a lot, if not well they will not earn a lot... The mighty voting dollar at work. However, when someone downloads a song, album, movie or whatever for free, well that is a crime (you either pay for something, it's a gift to you, make it yourself or you steal something). So, I believe it is OK to go after someone who trades and downloads for free. However, $22,000 or even $500 per download is just crazy. Maybe $100 per download to prove a point kind of fine.

However, you nailed a good point... download a song for $1.00 per song that you like. This is the future and if you are an artist with any computer skills you can cut out a lot of managers, lawyers and whomever else. That way you can keep 90 cent on the dollar (transaction fees, web page hopefully covered by the 10%). I do not know what an artist receives now per $1.00 but I would not doubt it is less then 5 cents on the dollar.


RE: Really?
By Hellfire27 on 1/21/2010 9:20:19 PM , Rating: 2
Through iTunes independently you get about $0.67 for every dollar (although bigger bands get better deals). But even at $0.67 on the dollar you come out ahead as you didn't have to pay for the physical CD and packaging. Also you don't have to have anything in stock to sell digitally.


RE: Really?
By TSS on 1/21/2010 6:45:15 PM , Rating: 2
The digital age means a song isn't worth $1 (that's just what apple has set for it and the music industry accepted it). It's worth nothing at all as soon as it's digitallized.

If you could have somebody to do whatever you want whenever you want would you pay them money? hell no. Their service becomes worthless because it's always available. Yes that comes down to slaves, but the point is, those didn't get paid, and MP3's aren't human so they don't suffer either.

When i go to a concert i go to hear the performer, not the performance. Most if not all digital music is altered, as in multiple tries in a soundproof studio with high quality equipment etc. It'll be closer to perfection than performers will ever be able to achieve with their own vocal chords. So if i want to hear the performance, i'll turn on a MP3.

In this age, artists would be better off putting their music online on youtube for free and then reap the added income from concerts from more people seeing your work. Because to be frank, nowerdays if i want to hear a song i haven't got i don't buy it and i don't download it. I look it up on youtube.

The Artic Monkeys where the first to show that.


RE: Really?
By rcc on 1/21/2010 3:41:55 PM , Rating: 4
I disagree. The OP handled it in a correct, mature, and legal manner. If the issue still bothers him, he can work toward getting laws changed.

On the other hand, the person that pirates the music or video for the same reasons is sending the wrong message to the industry. They are saying, "look, there is a market, I want this. You just have to figure out how to make me pay".

If you don't like what a company(s) is doing, don't buy their stuff. If enough people agree, the company will change.


RE: Really?
By Chosonman on 1/21/2010 4:01:22 PM , Rating: 2
That's probably why music sales are down and the RIA is blaming and suing pirates to make up for it.


RE: Really?
By killerb255 on 1/21/2010 4:04:10 PM , Rating: 2
It works for RAMBUS, doesn't it? (substitute "pirate" for "alleged patent violator")


RE: Really?
By energy1man on 1/21/2010 6:14:59 PM , Rating: 2
I think it would be a reasonable argument that sales are down due to illegally high prices, caused by price collusion, and the resulting violations of the Sherman Antitrust Act.

Maybe the recording industry will face similiar fines for every song sold online, due to said violations. I doubt it.

Personally I buy all my music, but it would be interesting to see as a defense to file sharing, that is was necessary due to the illegal collusion in setting prices by the industry. However two wrongs probably do not make a right.


RE: Really?
By foolsgambit11 on 1/21/2010 7:55:35 PM , Rating: 2
Hahaha! That would be hilarious - a $22,500 fine per song downloaded assessed against the recording industry for collusion. That would teach them a lesson. Or, more accurately, it would teach the companies that replaced every major label a lesson, since the majors would be out of business.


RE: Really?
By Solandri on 1/22/2010 4:48:13 AM , Rating: 2
quote:
That's probably why music sales are down and the RIA is blaming and suing pirates to make up for it.

Music sales are up. By the RIAA's own statistics, they shipped more units in 2008 than they did in 2007.

Revenue is down, but that's just because more people are buying singles from online stores like iTunes, instead of an entire CD to get just one or two songs they want.

http://www.riaa.com/keystatistics.php?content_sele...


RE: Really?
By bupkus on 1/21/2010 4:28:52 PM , Rating: 2
If the RIAA can say they have lost money due to piracy and quantify it by using industry wide numbers, then a defendant should then be open to demand that the alleged injured parties quantify and substantiate the amount of that loss due to the defendant.
Also, to face one's accusers should include and require a supported and specific quantification of injuries attributed to the actions of the defendant.

All too often the offices of the judges and prosecutors are just too closely located. They pass by each other in the halls, say hello, get just a little too friendly.

As to the need for better anti-piracy laws, that is just another way of saying, "Hang em High". I might argue that often we either need better enforcement or a more balanced legal system that needs not create "examples to be made of." That just sounds too Chinese Government.


RE: Really?
By killerb255 on 1/21/2010 5:00:58 PM , Rating: 2
After typing my previous explanation of civil vs criminal cases (even though I didn't get the terminology correct), I'm wondering if this is considered a civil or criminal case.

Typically, the plaintiff in a criminal case is "the people of :insert jurisdiction here:," whereas the plaintiff in a civil case is usually a person, group of people, or company.

If the past cases were, indeed, civil cases, then the RIAA doesn't have to quantify the amount of money loss to that degree, as long as "preponderance of evidence" has been met. If these were criminal cases, then this would be a different story altogether--they would have to quantify to that degree to prove guilt "beyond reasonable doubt."


RE: Really?
By Mojo the Monkey on 1/21/2010 6:36:26 PM , Rating: 2
The numbers often do no have to be proved up as direct loss. First, you have to remember that an action is created through federal fine amounts. A civil prosecution of these same cases may or may not be able to rely on the federal fine amounts, but could also go for exemplary/punitive damages for acts of theft acts constituting willful torts.

If you walk up to me and sucker-punch me in the face on the street, my only monetary damages may be 1 tissue for a nose bleed. That doesnt mean I could only recover $0.01 if I took you to court. There is a punitive measure to the recoverable amounts. I could take you for thousands. I wouldn't be surprised to see a similar artifice being implemented here.


RE: Really?
By Mojo the Monkey on 1/21/2010 6:39:31 PM , Rating: 2
Actually, (now reading the part of your post about the level of proof for damages) the damages do not have any particular standard of proof. Fact finders (jury or judge) are free to assign their own numbers in damages. Otherwise, they would have to go on "proven/supported" (to whatever degree) numbers from either the plaintiff or defense, meaning they would HAVE to choose between the 2 preferred numbered. This is not the case. Typically, if the losing side brings a motion, there is only a brief review to ensure the amount awarded could have, in some way, been rationally justified by the evidence. This is a VERY lenient standard.


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