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ExtraTorrent.cc > Articles > Copyright Case Appealed to the Supreme Court

Copyright Case Appealed to the Supreme Court

Copyright Case Appealed to the Supreme Court

Added: Wednesday, May 23rd, 2012
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
Another long-lasting and world-known copyright lawsuit continues. Joel Tenenbaum will appeal to the Supreme Court after the entertainment industry scored $675,000 in damages from the guy within a long-lasting file-sharing case. As you can understand, the original fine is unbelievably huge for sharing 30 songs on non-commercial basis, and so thought Judge Nancy Gertner. Claiming that the damages were unconstitutionally excessive, the judge reduced the fine ten times, to $67,500. However, the appeals court in the case reinstated the original $675,000 fine on procedural grounds.

According to the industry experts, Judge Gertner shouldn’t have used the constitutional question, but have instead used some legal device named a remittitur. The latter would allow the Recording Industry Association of America to have the case happen with a new jury. Meanwhile, there have been 3 trials in the similar Jammie Thomas case.

As for Joel Tenenbaum, he made an attempt to challenge the appeals court on all of this, but was rejected. Today he has filed to raise the case with the Supreme Court. Tenenbaum’s lawyers argue that the statutory damages for non-profit use are clearly a major Constitutional issue. In the meantime, industry experts point out that when the American courts force it through the remittitur process, they are pressuring defenders like Joel Tenenbaum to settle instead of ever allowing it to be judged on constitutionality. This is the method used by copyright trolls in order to shake people down, and the victims aren’t allowed to challenge the constitutionality of massive statutory damages. Music industry continues this pressure, though it promised to turn away from such methods of fighting copyright infringement.


By:
SaM
May 23rd,2012

Posted by: 
SaM

Date:  Wednesday, May 23rd, 2012



Comments (2) (please add your comment »)

1
posted by Blocked (2012-05-24 23:32:15)
menahunie avatarI hope Tenenbaum wins.
The copyright laws are stupid and outdated. They are originally intended mostly for commercial type of pirating - for sale and profit.
Yet people who don't do this like this guy and that cheerleader girl are having their lives ruined by POS people out to fuk over people to prove a point; we are in control and we will do what we want because we have the money.
These so called copyright holder creating all this social mayhem need to be taught a lesson and made to stop what they are doing.
The first thing is make them prove with accurate documentation of their claims of losses and damages; JUST LIKE YOU AND I HAVE O in a case we file in court.
The copy right laws need to be updated and changed in cases like mentioned people caught DOWNLOADING can not face multi million dollar judgements; but instead only face what the retail cost of each title involve would be if they had purchased them from a store.
The same goes for alleged UPLOADING as well. The Complainant filing the copyright violation against the uploader has to prove their material was in fact uploaded by providing that file in its entirety; no an IP address and claimed date and time.
An example say a file is uploaded and the uploader is caught and file is provided as proof; then then uphloader pays the retail price of that title times the actual files provided as proof. So if the files are provided by say Netflix then that price is in the pennies..
THAT would take the monetary incentive away from these POS lawyers to go trolling.
Most of these cases would likely only go to small claims court.

2
posted by (2012-05-26 20:36:07)
No avatar$675,000? what are they charging him for every time a song was download from him? ya I see the behind the scenes.....the court ordered that because they were broke and got 1/4 of it and riaa got the rest of what they already don't need.
I am getting sick and tired of hearing the recording industry crying about billion dollar profit losses that don't exist! ya know when you put your hand on the bible in court and you solemnly swear to tell the truth, that you are just lying to your self....to others and to god. or do they even use bibles in the courts any more? it don't really seam like it.



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