- Obama military strategy too weak for future security, panel reports
- Sen. Tom Coburn vows to slow down budget-busting bills ahead of recess
- Obama fantasizes about more executive power, signs new order on federal contractors
- Clintons call Klein, Halper, Kessler ‘a Hat Trick of despicable actors’: report
- Boehner accuses Obama of ‘legacy of lawlessness’
- Pro-marijuana group claims responsibility for Brooklyn Bridge flag swap
- Young adults shun Obamacare mostly due to cost: survey
- Stabbing attack on transgender girl, 15, was ‘bias motivated,’ police say
- LGBT adults still lean overwhelmingly toward Democratic Party
- Lawmakers rattled by Syria genocide horrors, call on Obama to act
Court won’t reduce student’s music download fine
Question of the Day
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 Ted Cruz
Israel saves its enemies; Hamas endangers its friends
- Inside the Ring: Israel surprised by Hamas tunnel network
- Army's 3-D printed bombs to create 'a whole new universe' of lethal capabilities
- GOP leaders delay border bill, leave Obama in control
- Chicken pox outbreak puts illegal immigrant facility on lockdown
- CIA admits improperly hacking Senate computers in search of Bush-era information
- Report: 40% of weapons sent to Afghanistan are unaccounted for
- CRUZ: A tale of two hospitals: One in Israel, one in Gaza
- Israel surprised by Hamas tunnel network
- 3 African leaders cancel trip to U.S. over Ebola outbreak; Obama still plans summit
- GOP report sees ties between rich donors, green 'nonprofits'
Obama's biggest White House 'fails'
Celebrities turned politicians
Athletes turned actors
20 gadgets that changed the world