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ExtraTorrent.cc > Articles > Joel Tenenbaum Suggests the RIAA $21 Counteroffer

Joel Tenenbaum Suggests the RIAA $21 Counteroffer

Joel Tenenbaum Suggests the RIAA $21 Counteroffer

Added: Monday, February 22nd, 2010
Category: Recent Headlines Involving File Sharing > Current Events
Tags:ET, p2p, Torrent, Piracy, Peer To Peer, Network, Hackers, Internet, BitTorrent, utorrent, bitcomet, extratorrent, 2010, www.extrattorrent.com
Condemned file-sharer says that real damages caused by downloading thirty songs illegally on KaZaA was only $21, which is 70 cents per song that record labels would have got if he bought the music from iTunes.


Tenenbaum was found guilty of violating the copyright law for downloading thirty songs last August, and was amerced $22,500 for each song or $675,000 total.

Charles Nesson, Harvard Law Professor and Tenenbaum’s lawyer, has decided to appeal the sentence by virtue of the fact that music downloading with no copyright holder’s authorization is determined as copyright laws’ “fair use” exemption. Also, if a particular file-sharer turns out not to be proven to have resulted real losses than he cannot be held liable for these damages.

As a part of this fair use argument Tenenbaum’s lawyer is pointing out that Tenenbaum and all other music listeners were not able to get exactly the files and format they wanted until 2007, when the music industry finished off the DRM. He means that the timescale he can claim an exemption due to fair use should be prolonged from the birth of iTunes in 2003 to 2007.

Nesson is now going to tell Massachusetts District Court why Joel’s $675,000 judgment should be decreased to $21, which is the exact amount that record company would have got if he bought the files legally on iTunes. If his client had purchased 30 songs on Apple’s iTunes then he would have paid 99 cents for each song, of which Apple Company would have passed on seventy cents to the record labels. Even if record labels have no costs and all the money returns to them is considered to be a profit, the total would have been $21.

The lawyer continues to make the arguments: simply because he had the files in the “shared” folder on his computer doesn’t mean he is responsible for spreading them to millions users as the record company states. Even if Tenenbaum had blocked access to this folder then it wouldn’t be an obstacle for any single downloader as he was not a seeder of these songs. So all the damage was caused by the initial seeders of the files, but not by a single person providing just one more copy of easily-accessible and unlimited supply. That could not have any financial consequence at all. And it’s actually hard to argue with Nesson. If his client is guilty and has deprived the record company of some amount of money then he owes only $21 plus maybe a small fine.

A hearing for new request of Nesson to lower the judgment is scheduled for 23rd of February.

February 22nd, 2010

Posted by: 

Date:  Monday, February 22nd, 2010

Comments (10) (please add your comment »)

posted by Site FriendET lover (2010-02-22 12:23:53)
onra666 avatargood question 1337bits......

posted by (2010-02-22 13:10:06)
sharinggoblin avatarpersonally ill prob go to the kingdom.

Anyway nice read and very interesting hopefully he wins his appeal.

posted by Blocked (2010-02-22 17:06:27)
Madd_Skillz avatartheres always private sites.. lmao.. u guys should start searchin. its gettin worse every day

posted by (2010-02-22 19:03:59)
Stayingtrue avatarThanks for the article, I appericate it.

posted by (2010-02-22 19:13:12)
RunsWithBulls avatarFor That fee he could of had the artists give him personal mini concerts. I understand trying to make a point with a bigger fine but when a rapist does less time than a guy sitting in a theatre with a camera theres a problem. Thank you for the article.

posted by (2010-02-22 22:30:54)
DEVO avatarI think it would be great if the torrent community started its own anti anti p2p group and start electronically attacking the anti-piracy groups relentlessly and cost them as much as possible in damages seeing as how they have no problem wasting resources as it is "Bleed em dry"
oh maybe also start framing the head ponchos for piracy and bring em down using there own tactics and rules make martyrdom's of em strike fear into them, have them think twice before F*%#* ing with the people like you and me.

posted by (2010-02-22 23:28:48)
C374R avatarPassage To Prison new meaning of P2P this is what they want to do but the true is one they want to get more money to built more bouts and await 2012 :) target is clear :) th4nx for article

posted by ET junkie (2010-02-23 01:46:30)
chimera2005 avatarso not scared, FBI, RIAA, and the rest of Congress, can kiss my fuzzy white a$$

posted by (2010-02-23 14:56:31)
No avatar'Meh'.... I don't have these 'downloading or uploading issues' where I live, but you people who are all at risk could always move to USENET. I'm not saying that ET isn't GREAT, cause it is and I LOVE using it,but USENET is about 5 to ten times faster in downloading and quite secure as long as you're not using the 'obvious owned' 'News Tracker program'. USENET= FAST and SECURE.

posted by (2010-02-24 22:22:41)
kingtiger01 avatarHis claim is legitimate... and as far as the possession of copyrighted material, without a license. a 'MP3' is a file format that doesnt support DRM like license support. so he could of always claimed he didnt realise that the songs were not licensed.

but that would be hard to pull by, the non-tech Judges/Juries that most country's have...


The real problem is, untill Copyrights are in favor of the signee not the signing company. what is ET and the Community going to do to help us here in the Bittorrent community...

because peerblock isnt going to cut it, eventually they will just get smarter and use more unconventional means like ip monitoring from public internet access like coffee shops etc.

We need some type of anonymous, like client routing through 3rd party hosts(instead of the client connecting directly to the other client it connects to a proxy host for the client. Aka a 'Leaf' network)

Im suggesting that ET take up donations for a ET VIP-only SOCKS-Proxy!

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