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ExtraTorrent.cc > Articles > Music Industry Keeps Pursuing File-Sharers

Music Industry Keeps Pursuing File-Sharers

Music Industry Keeps Pursuing File-Sharers

Added: Friday, September 23rd, 2011
Category: Bit Torrent Freedom > The Right To Share
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Joel Tenenbaum is known worldwide as a young student at the Boston University involved into a landmark trial.Today it seems that the Recording Industry Association of America has gained another $675,000 from Tenenbaum.

joel_tenenbaum.jpg


When his trial, the second such suit in the US, ended, Tenenbaum was found guilty and was ordered to pay $675,000 in damages. This amount, however, was lowered ten times by Judge Nancy Gertner, following suit of the judge that heard the first case with the only difference. Rather than rely on “remittitur”, which means that a judge is able to lower the monetary amount of a jury award, the judge claimed that the amount was too big to correspond with the American Constitution.

Unsurprisingly, the music industry appealed to this ruling and last week they have won the first round, as the First Circuit Court of Appeals supported their point of view that Gertner’s ruling was a bit rushed. Despite the fact that the appellate judges agreed with the judge’s ruling, they noted that Gertner should first have taken into account the non-constitutional issue of remittitur. This may have obviated any constitutional due process problem and attendant issues. If the court ordered remittitur of a certain amount, the entertainment industry would have had a choice – either to accept the reduced award or to reject the remittitur, which would cause a new trial ensued.

In case the remittitur was bound to fail, this would have been justified for the judge to invoke the American Constitution. The matter is that remittitur has already failed in the first file-sharing case against Jammie Thomas-Rasset from Minnesota. The case saw 3 full trials and 2 judicial overrides, after which Judge Michael Davis decided to refer to the Constitution discussion and ruled that the Thomas-Rasset case was really unacceptable. This decision is, of course, currently being appealed be the Recording Industry Association of America.

It is still not clear if this will be the case for Joel Tenenbaum as well. Meanwhile, the Appeals Court pointed out that although its ruling was procedurally correct, it couldn’t support such strict penalties against a file-sharer. They commented that this case would raise concerns about application of the Copyright Act and recommended Congress to examine it.


By:
SaM
September 23rd,2011

Posted by: 
SaM

Date:  Friday, September 23rd, 2011



Comments (8) (please add your comment »)

1
posted by (2011-09-23 14:01:46)
D4T4 avatar$600,000 or $600,000,000 doesn't really matter. These sums are so rediculous they'd still get the same amount from me. IE $0. Thanks Sam.

2
posted by (2011-09-23 17:49:05)
DEMONLORD avatarhe must of used a schools network where they log everything anyways and submit the reports to authorities when requested

3
posted by (2011-09-23 17:49:12)
DEMONLORD avatarhe must of used a schools network where they log everything anyways and submit the reports to authorities when requested

4
posted by (2011-09-23 19:12:18)
jernbean avatar$600,000 or $600,000,000 doesn't really matter. These sums are so ridiculous they'd still get the same amount from me. IE $0. Thanks Sam. he must of used a schools network where they log everything anyways and submit the reports to authorities when requested

5
posted by ET lover (2011-09-24 21:43:25)
COMPRENDeDEFUNCT avatarcopy and share i say
jernbean avatar $600,000 or $600,000,000 doesn't really matter. These sums are so ridiculous they'd still get the same amount from me. IE $0. Thanks Sam. he must of used a schools network where they log everything anyways and submit the reports to authorities when requested

6
posted by (2011-09-25 04:07:28)
hrg avatarcopy and share I agree
jernbean avatar $600,000 or $600,000,000 doesn't really matter. These sums are so ridiculous they'd still get the same amount from me. IE £0. Thanks Sam.

7
posted by Blocked (2011-09-26 01:17:34)
No avatarThen they assess what you can afford to pay monthly, ie for most of us JackShit $0 with our costs exceeding our income!

The music industry achieves ZILCH they are just wasting their time and trying to scare us into submission with NOTHING BUT EMPTY CRACKED AND VERY BROKEN WORDS!

8
posted by Blocked (2011-09-26 01:19:57)
No avatarBetter add the bit about MEGA-RICH Sickos wanting even MORE money from the POOR!



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