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Thursday, June 7, 2012

Copyright Case Appealed to the Supreme Court

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.

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