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ExtraTorrent.cc > Articles > Would RIAA Really Appeal Tenenbaum?

Would RIAA Really Appeal Tenenbaum?

Would RIAA Really Appeal Tenenbaum?

Added: Sunday, July 18th, 2010
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
The RIAA vs. Tenenbaum case has recently got some interesting developments that, in their turn, may result in far reaching consequences. However, it was not quite clear how far reaching they would be until some information surfaced on the issue of how much the outfit is losing in file-sharing trials (around 97.5%). So it becomes tempting to consider how likely the Record Industry Association of America is now planning to appeal the ruling that the initial fine was unconstitutional.
GAVEL_COURT.JPG


If you remember, Joel Tenenbaum was brought to the court by the RIAA, where it got fined $675,000 for distributing 30 copyrighted works illegally. After that, the questions arose on the issue of the fine’s constitutionality. Finally, a judge agreed that the level of the fine was really unconstitutional and went ahead, slashing it 10 times to some $67,500 for 30 songs. Now it is not a surprise for us why the RIAA was upset with this kind of decision and promised to contest it. However, the company didn’t provide public the details of the method of doing it.

The report revealing that the outfit only recoups 2.5% from litigation, spending spree millions of dollars, explains a cause for the association to become upset that the case like Tenenbaum’s has got a fine reduction due to constitutional concerns. Let us see, how likely is an appeal that the company vowed to bring?

As for today, the RIAA is losing many millions of dollars in its anti-piracy trial campaign, with just a tiny part coming back. Now switch to Tenenbaum’s case. If it happened that the RIAA had won the initial fine of $675,000, it would become a precedent causing the money coming back to the outfit for future similar cases. It can be viewed just as an investment targeted at setting some nasty precedents. Otherwise, the new fine of $67,500 would become a very worrying precedent for the RIAA, as it would completely log-jam the legislation system even before they get a chance to at least try to recoup the legal costs over the years.

As a result, we can bet that it would be a great surprise if the industry doesn’t appeal. Most likely, the Record Industry Association of America would appeal the case, with a very small chance of it offering a settlement and a chance close to zero that it would drop the case. Let’s see what will happen.



By:
SaM
July 18th, 2010

Posted by: 
SaM

Date:  Sunday, July 18th, 2010



Comments (1) (please add your comment »)

1
posted by (2010-07-18 17:23:38)
netcobold avatarHow realistic would it be for RIAA to ever collect that kind of fines? Someone who could pay 675k or 1.5m or anything in that region get never suit by RIAA. They would have a proper legal team, perhaps settle before trial.

So, the only once getting suit are little people unable to pay such kind of fine, and those are most likely ruined for life. If RIAA would be after money, it would be much smarter for them to go for 'affordable' fines and to collect. That let me think that they are in fact only interested in setting examples to frighten and discourage others. And they don't care that they destroy peoples life's on the way.

If this is right they have to appeal.



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