Joel Tenenbaum Asks for Rehearing of His CaseAdded: Monday, November 7th, 2011
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, Google, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
After over half a decade, the long-lasting case of illegal file-sharer Joel Tenenbaum against the Recording Industry Association of America goes on. Tenenbaum’s legal team has filed a petition for a rehearing of his case. The file-sharer argues that the jury instruction that had caused an outstanding $675,000 fine was both wrong and prejudicial.
Boston student became the most famous representative of the entire generation of illegal file-sharers as a person who has stood up against the Recording Industry Association of America instead of accepting a settlement. This case has been lasting for over 5 years already. Back in 2009, the court found the individual guilty of wilful violation, ordering Tenenbaum to pay damages of around $675,000.
After that, in July 2010, another judge decided that the initial fine was both excessive and unconstitutional. Subsequently, the jury-awarded damages were dropped 10 times. Unfortunately, this ruling has been reversed this past summer during a new hearing at the Court of Appeals. Now the case continues, with Harvard law professor writing a petition to the court. He points out that the defendant is seeking another hearing because it was unconstitutional for the judge to instruct a jury to return an unconstitutionally excessive award. Indeed, the judge instructed the jury that the fine may be up to $4,500,000, while the defendant was a non-profit copyright violator. This was at least punitive, excessive, and not authorized by statute.
The Tenenbaum’s legal team claims that the trial judge has misinstructed the jury, saying that it could ascribe a fine 67 times what was later found legally permissible. Now the defendant is asking for a rehearing before the full court. Tenenbaum hopes to get the penalties decreased or cancelled at all, because the campaign of the music industry wasn’t warranted in the first place.
The petition sent to the court explains that the massive litigation campaign launched by the entertainment industry against Internet users engaged into copying music for personal use, considering that they have never sold it, was totally unprecedented. Meanwhile, Joel Tenenbaum described himself as a person having a passion for music, which means that he paid for music even more than the average consumer. For Joel, unauthorized file-sharing was the only way to discover new music when there weren’t any legal alternatives.
Thanks to TorrentFreak for the source of the article
November 7th,2011Posted by:
Monday, November 7th, 2011
|I can't stop wondering!|
Does the music industry want law or revenge? It stinks in my mind, a huge organisation that attacks individuals with pure overkill.
|they are looking to use this poor fellow as an example to other file sharers|
c'mon who are they kidding $4.5 million i think these people in the courts
have lost all of their sanity..
i hope his legal team prevail ....
sharing is caring good luck Joel Tenenbaum peace out
|cheers for the article sam nice read|
|that says it all, non profit! i have not received a cent for all of the movies i have uploaded or given out a cent for all that i have downloaded. i dont remember signing a contract with the MPAA or RIAA when buying a movie stating who I can and cannot give it out to. They can go to hell if they think they can control everyone.|
|posted by (2011-11-08 00:20:04)|
|$600,000 or $ 6,000,000 does it really matter? They can fine me $6,000,000,000 they'll still get the same amount, $00000000000000000000000. These idiots are not of this planet and need to get real.|
|posted by (2011-11-08 01:27:21)|
|@4 well said mate all i say is sharin is carin one love ET do ur thing|
|the mpaa and riaa should be fukin invited to a party and then have them all fukin gassed ...problem solved xD|
|i just look at the simple fact someone has to buy it first to share it so they get some money no matter what lol||
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