RIAA Brought an Appeal to Reduction of Tenenbaum FinesAdded: Thursday, July 29th, 2010
Category: Recent Headlines Involving File Sharing > Ridiculous Criminal Trials
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As it was largely expected, the RIAA disagreed with the court’s recent ruling saying that the $675,000 fine for sharing a few tracks is unconstitutionally excessive. Now the outfit brings a formal appeal to Tenenbaum case to the United States Court of Appeals.
Nobody is surprised with RIAA’s another attempt to have the last word in the long-lasing battle with Joel Tenenbaum. The outfit didn’t agree to the judge’s reduction to $67,500 in statutory damages for unauthorized distribution of 30 tracks in the Internet.
The judge raised the question at the latest hearing of whether the ongoing case violates the Constitution’s Due Process Clause by such significant award of $675,000 in statutory damages against a person who didn’t receive any profit from his violation and which caused the industry minimal harm. Her ruling finally said that such award did violate the above mentioned clause and it therefore was lowered 10 times to more sensible $67,500 (which, the judge admitted, was still too much).
The RIAA said in respond that the single judge couldn’t substitute its ruling for the decision of 10 jurors and Congress. It believes that the decisions of a federal jury, which spent over a week on a careful consideration of the issues of the case, can’t be compared to that of a single judge, handing out a reduction as easy as pie. The outfit points out that the jury has considered the profound harm the music industry suffered due to the activity that Joel Tenenbaum was admitted to be engaged in, and made it right.
It’s clear enough (though it’s sad to see) that the RIAA continues with its “sue-em-all” strategy, though it claimed to abandon it several years ago, promising to focus on targeting service providers instead. Now it explains that suing individuals like Joel is just a part of its attempt to clear out a backlog of the court cases having existed before it took a decision to switch its efforts to the ISPs.
The attempts of RIAA can be understood under the consideration of the recent statistics, revealing that the outfit spends millions of dollars on litigation and succeeds to recover mere thousands, if not less. On the one hand, it tries to cover the losses on legal help it bore over the years while suing Tenenbaum, but on the other hand it would save more money if dropped the case and realized it doesn’t matter whether it’s $675,000 or ten times less in comparison to its huge losses in litigation.
July 29th, 2010Posted by:
Thursday, July 29th, 2010No comments
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