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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: That's fair.............not.
By Smilin on 1/21/2010 3:03:54 PM , Rating: 3
It's a punative damage to deter. Not saying I agree with it.


RE: That's fair.............not.
By xrodney on 1/22/2010 7:45:07 AM , Rating: 2
Well if someone without any gain and income about 25k$ per year can be fined almost 2mil (yeah that over lifetime giving almost noone live over 80 years), then compamy like sony music for selling songs they dont have rights (use them to gain money) and having income over 2000bil$ for 2008 should pay even more ant that should be no less then 160.000 bil$.

There need to be changes as currently its only companies that are protected and poor people that pay heavy taxes and actually are ones making all stuff we enjoy, getting screwed up for rest of their lives.


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