- Running on empty: EPA slashes biofuel goals because of ethanol shortage
- ‘Gay Jeans’ that fade into rainbow-colored denim created
- Divided court strikes down big porn award
- Jimmy Carter: Don’t hurt Russian people with sanctions
- Oldest ex-MLB player dies in Cuba, 2 days shy of 103rd birthday
- ‘Top Gun’ for drones: Squadrons of carrier-based killers have Navy’s approval
- Bill Clinton to endorse Charlie Rangel for re-election
- Pfc. Bradley Manning is now Pfc. Chelsea Manning: Court says so
- Secret base U.S. special forces used to train Libyans now under terrorist control: report
- 9th suspect in N.C. kidnapping turns self in to FBI
Court won’t reduce student’s music download fine
BOSTON (AP) - A former Boston University student who was ordered to pay $675,000 for illegally downloading and sharing 30 songs on the Internet says he will continue fighting the penalty, despite the Supreme Court’s refusal Monday to hear his appeal.
Joel Tenenbaum, 28, of Providence, R.I., said he’s hoping a federal judge will reduce the amount.
“I can’t believe the system would uphold a six-figure damages amount for downloading 30 songs on a file-sharing system that everybody used,” Tenenbaum said. “I can’t believe the court would uphold something that ludicrous.”
A jury in 2009 ordered Tenenbaum to pay $675,000, or $22,500 per song, after the Recording Industry Association of America sued him on behalf of four record labels, including Sony BMG Music Entertainment and Warner Brothers Records Inc. A federal judge called the penalty unconstitutionally excessive and reduced the award to $67,500, but the 1st U.S. Circuit Court of Appeals later reinstated it.
The 1st Circuit said a new judge assigned to the case could reduce the award again, but the record labels would then be entitled to a new trial.
Tenenbaum, who said he just graduated Sunday from the university with a doctorate in statistical physics, said he doesn’t have the money to pay the judgment.
“I’ve been working on a graduate student’s stipend for six years now and I have no such money,” he said.
Tenenbaum argued that the U.S. Copyright Act is unconstitutional and that Congress did not intend the law to impose liability or damages when the copyright infringements amount to “consumer copying.”
During the trial, Tenenbaum admitted he downloaded and shared hundreds of songs by Green Day, Nirvana, The Smashing Pumpkins and others. His lawyer suggested the damages should be as little as 99 cents per song, about the same amount Tenenbaum would have to pay for a legal online song purchase.
Lawyers for the recording industry argued that illegal downloading hurt the recording industry by reducing income and profits. A lawyer for the recording labels described Tenenbaum as a “hardcore” copyright infringer. The association said it offered to settle the case for $5,000 early on, but Tenenbaum declined.
In the only other music-downloading case against an individual to go to trial, a judge last year reduced the penalty imposed on a Minnesota woman from $1.5 million to $54,000. An appeals court has scheduled arguments for next month in the case of Jammie Thomas-Rasset.
TWT Video Picks
By Andrew P. Napolitano
Obama's veil of secrecy is pierced
- 'Top Gun' for drones: Squadrons of carrier-based killers have Navy's approval
- Pentagon plans to replace flight crews with 'full-time' robots
- America is an oligarchy, not a democracy or republic, university study finds
- Obama avoids 'red line' for China, prepared to impose tougher sanctions on Russia
- Nevada rancher Cliven Bundy hailed as patriot, ripped as lawless deadbeat
- Texas is next! AG warns BLM wants 90,000 acres after Bundy ranch standoff
- Russian bombers buzz U.K. airspace; jets scrambled to chase off 'Bears'
- Kansas will nullify local regulation of guns
- ISTOOK: Obama's sleight of hand hides hidden government's work
- CARSON: When government looks more like foe than friend
Top 10 handguns in the U.S.
Celebrity deaths in 2014