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ExtraTorrent.cc > Articles > Tenenbaum’s Appeal Rejected

Tenenbaum’s Appeal Rejected

Tenenbaum’s Appeal Rejected

Added: Wednesday, July 3rd, 2013
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, www.extrattorrent.com, 2013
Joel Tenenbaum has filed an appeal to a 2009 court order which forced him to pay $22.500 for each of the thirty tracked he shared online,but the court decision said he still needs to pay up.

joeltenenbaum.jpg


The First Circuit Court of Appeals handed down its decision last Tuesday, saying that his penalty must be carried out. The file-sharer appealed the 2009 court order, pointing out that the penalty was unconstitutional and asking for either a retrial or for the fine to be reduced. However, the court of appeals said that the file-sharer carried on his activities for several years regardless of many warnings. As such, Tenenbaum made thousands of songs available without permission of copyright owners. In addition, Joel denied responsibility during discovery.

The court explained that much of this behavior was exactly what Congress had been trying to deter when it amended the Copyright Act. This is why the court didn’t hesitate to conclude that a penalty of $22,500 per track, “an amount representing 15% of the maximum fine for willful violations and even less than the maximum penalty for non-willful violations”, comports with due process.

Joel had to explain to the court that he actually has deprived the labels of earning only $450, which is the overall price of the 30 albums. But the court replied that that argument asked it to disregard the deterrent effect of statutory damages, as well as the inherent difficulty in proving damages in a copyright case and the plaintiffs’ evidence of the harm which they suffered from illegal file-sharing.

The experts believe that one of the longest copyright lawsuits is finally drawing to an end, just like the one of the “file-sharing mom” – Jammie Thomas-Rasset.


By:
SaM
July 3rd,2013

Posted by: 
SaM

Date:  Wednesday, July 3rd, 2013



Comments (3) (please add your comment »)

1
posted by Blocked (2013-07-04 00:57:36)
Tubrow avatarbest part is the word is he retagged his uploads lol that's justice right there!

2
posted by (2013-07-04 12:07:41)
eNdEmiOn avatarI hope there is such a thing as karma.

3
posted by (2013-07-04 19:40:29)
No avatarThat's an unbelievably high fine. Pretty shocking really. And pretty shocking that the courts and Congress think it's okay.



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