Subject will pay USD $ 675,000 to the RIAA for pirating
Joel Tenenbaum will have to pay USD $675,000 to the RIAA for damages for piracy. That was the final decision of the Court, which upheld the decision that was taken in 2009 originally.
He was sued by the labels for downloading 31 songs and then distributed via P2P. Tenenbaum sought to reduce the amount to pay, considering that it was excessive. According to the Court, the payment is “provided” because the subject had committed the offense “for at least eight years, from 1999 to 2007.”
The first verdict was delivered in 2009, when the jury decided that would be paid USD $675,000 in damages to the Music labels. Tenenbaum appealed, and Judge Nancy Gertner reduced the amount of USD $67,500 based on constitutional grounds. Gertner said the reduced amount was still “severe” and “rigorous” and would send a clear message to those who wanted to pirate music via P2P.
However, the RIAA appealed back quickly, and in this trial it was determined that Gertner had committed a procedural error by reducing the fine. The court ordered the case back to a Boston court, where the judge assigned to the case Rya Zobel.
“Despite the overwhelming evidence following which the jury could conclude that the activities of Tenenbaum were intentional, charging USD $22,500 per violation not only in the lower range – only 15% of the maximum – for willful violation, but is below the maximum for unintended offense. Considering the above evidence, the jury charge damage is not so excessive as to warrant a reduction, “he said.
Apparently the IFPI will have USD $675,000 more to prosecute other offenders more resources to draw from …
Link: Judge Refuses to Set Aside $675k fine in music piracy case (ComputerWorld)Tags: Demand, Fine, Music, Piracy, RIAA, U.S.