Lawyer argues illegal downloader only costed $21

Nikolay · 23 Feb 2010

A Boston University graduate student who was ordered to pay four record labels a total of $675,000 in damages for illegally sharing 30 songs online caused no more than $21 in damages, said his lawyer, who implored a federal judge today to slash the jury award or order a new trial. Appearing before the US District Court judge who presided over the trial last summer, Harvard law professor Charles Nesson said the 1999 federal law that the jury applied when calculating damages caused by his client, Joel Tenenbaum, had "produced absurd results" and a grossly excessive award that violated Tenenbaum's constitutional rights.

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Thought this was an interesting read

iseeuu · 23 Feb 2010

Nikolay said:

A Boston University graduate student who was ordered to pay four record labels a total of $675,000 in damages for illegally sharing 30 songs online caused no more than $21 in damages, said his lawyer, who implored a federal judge today to slash the jury award or order a new trial. Appearing before the US District Court judge who presided over the trial last summer, Harvard law professor Charles Nesson said the 1999 federal law that the jury applied when calculating damages caused by his client, Joel Tenenbaum, had "produced absurd results" and a grossly excessive award that violated Tenenbaum's constitutional rights.

More here

Thought this was an interesting read

Interesting find, Nikolay. So according to the defense lawyer, all of the digital media shared from 1999 to 2007 by this individual was only worth $21?

dmex · 23 Feb 2010

iseeuu said:

Nikolay said:

A Boston University graduate student who was ordered to pay four record labels a total of $675,000 in damages for illegally sharing 30 songs online caused no more than $21 in damages, said his lawyer, who implored a federal judge today to slash the jury award or order a new trial. Appearing before the US District Court judge who presided over the trial last summer, Harvard law professor Charles Nesson said the 1999 federal law that the jury applied when calculating damages caused by his client, Joel Tenenbaum, had "produced absurd results" and a grossly excessive award that violated Tenenbaum's constitutional rights.

More here

Thought this was an interesting read

Interesting find, Nikolay. So according to the defense lawyer, all of the digital media shared from 1999 to 2007 by this individual was only worth $21?

A court could not use an estimation or approximation for how many people downloaded the file and how much money they could have lost and if the customer would or did purchase it afterwards so yes its only worth $21.

I think that is the sole reason the 1999 federal law was enacted.

Zen00 · 23 Feb 2010

This is a touchy subject.

Yes, I believe that it's wrong to charge a college student (emphasis on college) nearly 600,000 dollars. No I do not believe that he only cause $21 worth of damages. If I was the jury, I would have probably decided on a sum total of 30 songs * .99 cents apeice * a 1000 person multiplier for spreading = about 30,000 dollars. Probably more than he could pay right now, but not ruinous.

starwolf1336 · 24 Feb 2010

Sigh, why would he even think about doing that on a college campus anyway?

Legacy Code · 24 Feb 2010

$675,000 ? Id ask to pay it back at $10.00 a week :)

That's a big court fine to pay. Share a few songs and your life is ruined before its even started , a little excessive no ?

Dark Nova Gamer · 24 Feb 2010

Legacy Code said:

$675,000 ? Id ask to pay it back at $10.00 a week :)

That's a big court fine to pay. Share a few songs and your life is ruined before its even started , a little excessive no ?

Very excessive. Rather ridiculous if you ask me.

I am not saying what he did wasn't wrong, I'm just saying a more accurate punishment is called for. Hell 100 hours of community service and a $75 fine would've made him think twice.

Zen00 · 24 Feb 2010

Truly.