back to article Court confirms $675,000 fine for sharing 30 songs

Joel Tenenbaum has lost his request for a mistrial in his long-running case against the music industry over sharing music and now faces financial ruin. The Massachusetts court declined his request for a mistrial and confirmed he will have to pay $675,000 in fines after being found guilty of sharing 30 songs on the Kazaa …

COMMENTS

This topic is closed for new posts.
  1. Turtle

    What Tenenbaum needs to do.

    Tenenbaum needs to sue Nesson for malpractice.

  2. Anonymous Coward
    Anonymous Coward

    Is anyone else thinking that instead of the end of the world, the Mayans predicted the second American Revolution where idiotic legal cases drive the common man to rise up and cast off the almost bankrupt US Gov?

    Dec 21, 2012. Closer than you think.

    1. Figgus
      Unhappy

      There is a good chance that after November 6, 2012, the US will fade into economic and political obscurity and the rest of the world will finally start to ignore the stupid tripe the US courts and lawmakers are puking out.

      Actually, that's going to happen regardless of who wins because we have stopped preferring to hear the truth instead of pleasant platitudes. Politicians who try to tell us the truth simply don't get elected, it is far too bleak...

  3. Katie Saucey
    Unhappy

    Worst than a jail sentence

    No problem only 675k, I guess his life must definitely be ruined somehow. I bet he never wanted to get credit, own a home etc. anyway. I'll just go check my tor connect again...

    1. Anomalous Cowturd
      Stop

      @Katie re: just go check my tor connect again.

      If you must download things you shouldn't, please think about using a VPN or proxy service, rather than the TOR network. TOR really isn't designed for torrenting.

      Thanks.

      A TOR bridge relay owner.

      1. Katie Saucey
        Black Helicopters

        Re: @Katie re: just go check my tor connect again.

        I guess I could use my work VPN, but I have a slight naggling that I'll be the one to blame for the SWAT team, considering I'm in charge of that type -o-stuff. Meh, I just blame it on my sister.

    2. Giles Jones Gold badge

      Re: Worst than a jail sentence

      Yet the real pirates (Somalian pirates) get millions of dollars out of people and get away with it mostly.

    3. Anonymous Coward
      Anonymous Coward

      Re: Worst than a jail sentence

      This guy is one very unlucky dude. How many thousands(millions world wide) are sharing music. How many over Kazaa?

    4. Anonymous Coward
      Anonymous Coward

      Re: Worst than a jail sentence

      I guess he could always make 30 songs and sell them for the 22,500 each. That's the going rate for any song in the world isn't it?

    5. Keep Refrigerated
      Pirate

      Re: Worst than a jail sentence

      He'll just have to turn to burglary and robbery to get what he needs. I here the punishments for getting caught are a lot less than copyright infringement so...

  4. Anonymous Coward
    Anonymous Coward

    WTF? 22k a song????

    HOW does the record industry actually get away with such a crazy amount of money for just 30 songs??

    1. NukEvil
      Mushroom

      Simple...

      It's easy when you can simply buy an entire branch of government...or, in this case, the entire government.

      1. Anonymous Coward
        Anonymous Coward

        @NukEvil

        They bought the jury too?

      2. Anonymous Coward
        Anonymous Coward

        Re: Simple...

        Let's be fair. The u.s government can't be bought. For a start i haven't seen negative denominations of any currency.

    2. HMB

      Tough on File Sharing, Soft on Homicide

      Can you imagine if this kind of logic applied to homicide?

      Kill someone and the state will execute you, your parents, your friends, spouse and children.

      For $22,500 for a $4 song, doesn't that seem to fit?

      1. Anonymous Coward
        Anonymous Coward

        Re: Tough on File Sharing, Soft on Homicide

        >Can you imagine if this kind of logic applied to homicide?

        When Staff Sgt Bales when rogue in Afganistan and murdered 17 villagers - blood money was paid at $50,000 a head...

        1. Vic

          Re: Tough on File Sharing, Soft on Homicide

          > blood money was paid at $50,000 a head..

          Two tracks each?

          Vic.

      2. Anonymous Coward
        Anonymous Coward

        Re: Tough on File Sharing, Soft on Homicide

        No. It doesn't fit. I think if oreo raided my chocolate biscuit cupboard and demanded 22,500 each (top and bottom layer plus cream layer) for those biscuits that i made and gave away to my friends then we are closer to an analogy.

        In said case i would do a big turd and force feed it to their lawyers, stuffed inside an oreo (as the cream layer).

    3. Anonymous Coward
      Anonymous Coward

      The statutory damages date from when the only way to copy a large quantity of music involved large amounts of machinery. So you'd only be copying large amounts of music illicitly if you were intending charging for it, to pay for said machinery.

      In which case, the level of the fines seems right - it's aimed at deterring the professional copyright infringer.

      Now, fast forward a few years, and all of a sudden, you can distribute thousands of copies of a song just by leaving Napster running overnight.

      The technology moved on. The statutes, haven't.

      1. Anonymous Coward
        Anonymous Coward

        Were all doomed...

        ... if anyone finds a way to transmit memories. I mean, all those billions and trillions of dollars worth of "movies and music" that will be pirated! The horror!

      2. Pet Peeve
        Pirate

        This is mostly nonsense. The big fines are a new thing, from the "Copyright Damages Improvement Act" (who is it improving it for? GUESS). This bill was bought by the music industry specifically to go after individuals, it's got nothing to do with large bootleggers. Every once in a while the music industry manages to fleece the government to treat one of those guys like a terrorist though. Seriously - sometimes homeland security goes and busts down the doors of some dickhead making bootleg CDs.

        More detail on this stupid law here: http://www.techlawjournal.com/cong106/copyright/Default.htm

        For an outstandingly entertaining treatment of the same material, where you wish the legal stuff was the science fiction, pick up Rob Reid's book "Year Zero".

        1. Anonymous Coward
          Anonymous Coward

          As far as I can see, the Copyright Damages Improvement Act was introduced in May 1999; that means that it actually pre-dates Napster (June 1999.) What file sharing services were large enough to be on the music industry's radar then?

          And while that Act did increase the fines, they were already quite hefty - fines went from $500 to $20,000 per infringement to $750 to $30,000, and the maximum fine from $100,000 to $300,000.

          So there were already large fines before that Act, though admittedly they were increased drastically. Can you provide any citations that this was aimed at individuals?

        2. Field Marshal Von Krakenfart
          WTF?

          Copyright Damages Improvement Act

          Hang on, I'm confused, according to Pet Peeve's link about the Copyright Damages Improvement Act

          HR 1761 RH also addresses the dereliction of the U.S. Sentencing Commission by setting a deadline for acting. However, it also addresses the content of the guidelines. They must be based upon the "retail price" and "quantity" of the infringed items. This is designed to prevent someone who pirates products that sell for $10,000, and then resells them for $50, from being sentenced as a petty thief.

          Why dose't this also apply to the copyright mafiaa???? one rule for the mafiaa and one rule for the downloader, this seems to break every concept of natural justice, surely there is basis for an appeal there, I thought that every one was equal before the law????

          If I were to share a track that I bought for 99 cents the mafiaa can say, "no it's worth $22,500", presumably the copyright mafiaa will also apply this to the 77% of music on itunes (2008 figures, 10M tracks out of 13M) that have never been sold thereby confirming that the economic value of such muzak is in fact zero. <rant> Presumably a significant number of then are simon cowell's failed ex-x-factor karaoke signers. </rant>

          The biggest treat to the music industry is not piracy, it's the music industry itself.

    4. Anonymous Coward
      Anonymous Coward

      How they "get away with it".

      Pretty simple. The jury was given the power to decide how much to award the plaintiffs and that was their decision. It could have been much much more.

    5. James 17
      Thumb Down

      That's probably more than the studio time cost.

      The cost is purely punitive. A deterrent.

      Seems the RIAA is due some punitive measures. I can only hope they get regulated and we get the tort reform we so desperately need.

      1. Anonymous Coward
        Anonymous Coward

        Punishing the RIAA

        Just stop buying recorded music. If you want to support musicians buy tickets and official T shirts and go to their live gigs. (This will also encourage musicians to continue working and having to control their various life-shortening addictions).

        1. Anonymous Coward
          Anonymous Coward

          Re: Punishing the RIAA

          "Just stop buying recorded music"

          This is what I have done for the last several years. I used to regularly buy CD and DVDs but decided to download and share only because of the behaviour of the media companies, not least having legislation fixed in their favour.

      2. cortland

        Wow; I thought new CD's were too expensive. But he should have had a worse defense; a couple of billion dollars would have been better for him -- no way to pay. Might not live long enough for them to collect what they were awarded anyway.

    6. Mectron

      because

      the MPAA/RIAA own the USA justice system and USA judges is the easiest thing to buy these day.

      1. Anonymous Coward
        Anonymous Coward

        @Mectron

        "the MPAA/RIAA own the USA justice system and USA judges is the easiest thing to buy these day."

        Well in that case, asshole, you and your friends should have gotten together and bought a judge for Tenenbaum.

    7. Andus McCoatover
      Windows

      HOW does the record industry actually get away with such a crazy amount of money for just 30 songs??

      That's the point! The artists won't get a penny! Even in the unlikely event the money somehow gets paid.

      Recording Ass. of America and the other Soprano's (Lawyers, etc,) are laughing all the way to the bank!

      1. Anonymous Coward
        Anonymous Coward

        @Andus McCoatover

        "Even in the unlikely event the money somehow gets paid. Recording Ass. of America and the other Soprano's (Lawyers, etc,) are laughing all the way to the bank!"

        Do you see a little bit of a contradiction there, between the "unlikely event the money gets paid" and "laughing all the way to the bank"?

        Well, even if you don't it\'s there all the same.

  5. Yet Another Anonymous coward Silver badge

    Another solution

    I haven't bought any music new since the mid 90s when Sony decided it was illegal for me to copy a CD I owned to a minidisc player I owned, for my own use.

    I never buy downloads and I only buy CDs in charity stores, garage sales or swap with friends - so not a penny goes to the record industry. Of course it also means not a penny ever goes to the artist either - but that's also the RIAA's policy !

    1. PyLETS
      Mushroom

      Re: Another solution

      A better solution if you want artists to earn something and the recording industry to get nothing is to go to live gigs. Much more fun than sitting on your own listening to recordings. Making your own music with friends is better still if you can.

      1. Pet Peeve
        FAIL

        Re: Another solution

        Where did you get the crazy idea that the music industry earns nothing from live performances? It's the single most profitable thing they do, and the artists still get screwed just like always.

        Now, if you're talking about some random band going to a bar to play, that's fine, but a promoted concert? Total money factory for the recording industry. It's their only major area of revenue growth right now, which is why concerts are so stupidly expensive.

        1. Anonymous Coward
          Anonymous Coward

          Re: Another solution

          The recording industry adds little if any value to live performances. Musicians simply don't have to sign stupid contracts which oblige them to promote sales of recorded music that way, and have little reason to share proceeds of live performances with the recording industry. They will have enough genuine contributors to share the proceeds with including live concert promoters, official ticket vendors, PA hire, road crews, venue operators etc.

      2. Robert Ramsay
        Happy

        Re: Another solution

        Nowadays, you can buy a LOT of good music direct from the artist. Worked for us in Tinyfish.

    2. Anonymous Coward
      Anonymous Coward

      Re: Another solution

      Should have got a Casio minidisc player then. I'm sure I.... oh wait, I didn't... I used a cd player and a phono cable to copy to my portable (which recorded, only right thing the minidisc did pre mp3) player. Then used it on my Hi-Fi too. Lol.

    3. Silverburn
      Mushroom

      Re: Another solution

      I stopped buying music ages ago.

      But I did it because it all sounds like the same noisy, unintelligible crap these days. It's not even good enough to listen to, even if I chose to download it for "free".

      Now...where is Radio 4's frequency again...

  6. JEDIDIAH
    Linux

    Get medieval on his arse...

    He's just lucky that there wasn't anything in the statute about boiling in oil.

    Clearly this judge is asleep at the switch and is just rubber stamping any crazy penalty that they come up with.

    "It could be worse" is not a suitable response to the question of "is it just" or "is it even legal"?

    1. Tellymel

      Re: Get medieval on his arse...

      If only that Zuckerberg fella had been found with a hard disk of illicit songs, the music industry would be fully rejuvenated.

      Perhaps he mentions listening to mp3's in his memoirs, could still be a chance...

      How much are the lawyer fees in the case?

    2. Silverburn
      Angel

      Re: Get medieval on his arse...

      Unfortunately, the Judge pretty much *had" to rubber stamp whatever the Jury elected.

      This is the risk you take with a "free and impartial" judicial system.

  7. GotThumbs
    Boffin

    Pointless

    The only winners in case are again.....the lawyers.

    The amount is just stupid. There is no way this man can earn enough to pay this and still hope to have enough to live on.

    The only viable solution for him is to declare bankruptcy and start from square one.

    Sometimes the "Justice" system is backasswards. If this man commits a crime and goes to jail....He will get free housing, meals, medical, and access to a college education. In today economy...

    1. Anonymous Coward
      Anonymous Coward

      Re: Pointless

      Can you go bankrupt to avoid such a fine?

      It might be worth him fleeing the country and never returning.

    2. Charles 9 Silver badge

      Re: Pointless

      Court settlements happen to be one of the things backruptcy CAN'T relieve since they are a legally-backed restitution. If the debt cannot be discharged outright, the law has the authority to garnish wages and so on to fulfil the obligations.

    3. Silverburn

      Re: Pointless

      As other have stated...he has to pay this.

      However, he can submit accounts against this, which will fall in his favour, and would favour him more if he was bankrupt, unemployed and with children.

      Negotiated repayment at $2-3 per week for rest of his life? Entirely - and absurdly - possible.

      1. Miek
        Coat

        Re: Pointless

        He could start busking to repay the fine

    4. Turtle

      Joel "Blame The Foster Child" Tenenbaum

      "The only winners in case are again.....the lawyers."

      That's debatable. What is not debatable is that there is a very obvious *loser* in this case, and that is Joel Tenenbaum. And that's altogether appropriate.

      Here's a short synopsis of Tenenbaum's behavior, entitled "Joel Tenenbaum willfully infringed plaintiffs’ copyrights, lied, destroyed evidence and tried to shift the blame to a foster child living in his family’s home, his sisters, a family house guest, and burglars" (I'll paste the link at the end of this post.) Additionally, as pointed out in the article, even after receiving warnings from Sony, he continued downloading until the lawsuits were actually filed. From the Huffington Post: "During the trial, Tenenbaum admitted he downloaded and shared hundreds of songs". He'd been doing this for years.

      But look at that again: "Joel Tenenbaum tried to shift the blame to a foster child living in his family’s home". Some kid who needs a foster home gets the blame for Tenenbaum's downloading. In fact, that should be made part of his name: Joel "Blame The Foster Child" Tenenbaum.

      It is only fitting that Joel Tenenbaum be the loser - in this lawsuit and in life too..

      *********************************

      Here's the quote from the judge's decision: "When he was confronted at trial with his attempts to shift blame for his actions to others – including a foster child living in his family’s home, his sisters, a family house guest, and burglars – Tenenbaum finally admitted responsibility'" available here: http://www.scribd.com/doc/103737792/Sony-BMG-v-Tenenbaum-Order-August-23-2012

      Here's the link: http://vrritti.com/2012/08/25/joel-tenenbaum-willfully-infringed-plaintiffs-copyrights-lied-destroyed-evidence-and-tried-to-shift-the-blame-to-a-foster-child-living-in-his-familys-home-his-sisters-a-family-ho/

  8. Destroy All Monsters Silver badge
    Trollface

    I suppose these songs are now considered fully paid down and public-domained?

    After all they were "shared", right?

    No?

  9. Andus McCoatover
    Windows

    "Supreme Court"

    Seems always to judge the opposite way to logic and rational thinking. Maybe Alzeimers, Dementia or a spell in a "Home for the Bewildered' is a requirement for the post....Or, being appointed by G.W.Bush, which has all the necessary qualities previously mentioned nicely parcelled together.

    1. Anonymous Coward
      Anonymous Coward

      @Andus McCoatover

      Judge Rya Weickert Zobel:

      " On January 25, 1979, Zobel was nominated by President Jimmy Carter to a new seat on the United States District Court for the District of Massachusetts created by 92 Stat. 1629. She was confirmed by the United States Senate on March 21, 1979, and received her commission on March 23, 1979. Among her judicial duties, she was director of the Federal Judicial Center from 1995 to 1999." (from Wikipedia)

      What this has to do with G. W. Bush is a mystery, the solution to which is known only to, well, to no one, I guess..

      1. Mr. Great Sage

        Re: @Andus McCoatover

        But of course G.W. is the correct answer to anything you don't like. RIAA? GW did it. WW2? GW. Why, if you look at the cold virus under a strong enough microscope, you'll find GWB initialed on the side.

        1. This post has been deleted by a moderator

          1. Anonymous Coward
            Anonymous Coward

            Re: @Andus McCoatover

            "You won't find GWB under it, but you will find the group that controls him, Bilderberg, under each of these examples."

            Don't you have a 9/11 conspiracy video on YouTube to promote or something? Moonlanding hoax? Crop circles, maybe?

  10. Anonymous Coward
    Anonymous Coward

    With a fine like that he may as well get a rocket launcher and blow up their HQ as well.

  11. Rolf Howarth

    Just think how many CDs he could have bought for $675,000!

  12. Trokair 1
    Mushroom

    Burn em'

    Yeah, this is total crap. Ruin a guys life over a few songs? He wasn't selling them. WTF is the problem with the judge and more importantly the jury? The large ammounts are there for when there is a major case of stealing and selling, not something like this. What a load. Screw the music industry. Hope they fall off the face of the planet.

  13. Anonymous Coward
    Anonymous Coward

    This

    http://theoatmeal.com/comics/music_industry

  14. mark l 2 Silver badge

    i am not well up on US law being from the UK, is this a state or federal ruling? As from watching 'cops' sytle US shows i know that some ruling in one state don't apply in others. And if this is one of those cases i would just cut my losses and get the hell out of Massachusetts. If its a federal ruling so would apply in every state then i suggest he head to Mexico.

    Cases like this hardly give up the RIAA in a good light though, he may have been distributing the song illegally but where do they come up with such stupid amounts. Surely the 500 hundred dollar fine he offered would be enough of a deterant not to do it again.

    1. ptmmac
      Headmaster

      There's always South Carolina

      One of the more idiosyncratic hold overs in south carolina law from the days of indian raids and red coats demanding money, there is no legal mechinism for collecting debts in South Carolina. This makes it a haven for men who don't want to pay child support. I would assume this would work to keep the record companies at bay.

      It would seem to me that if you really think this guy got a raw deal and you have done something similar, you could easily look him up,and send him $10 to show your support for his cause. The record companies might get the money or maybe he might be able to buy a house in south carolina. Either way you would feel better about your own odds.

      My guess is that individuals who find it easy to justify stealing music probably aren't real likely to help you out if you are the unlucky bastard who got caught. There are way too may free ways to get music legally (spotify, pandora, internet radio...) to make this a "good" idea.

      What do you say internet citizens?

  15. Anonymous Coward
    Anonymous Coward

    He's getting off easy

    He should get mandatory prison time of a year in addition to the fine.

  16. mickey mouse the fith

    Thats fair then......

    "In Friday's ruling, US District Court Judge Rya W. Zobel told Tenenbaum that the award against him was not excessive and he should be thankful the RIAA didn’t get more."

    In what world do these judges live in that $675000 isnt deemed excessive?

    And he should be thankful?, wtf is wrong with these people?

    He probably wouldnt have bought the tracks anyway, and neither would anyone sharing with him so the record companies have lost squit from his filesharing, but he has probably lost a huge quality of life by this ridiculous fine.

    And yes, 1 pirated copy does not represent 1 lost sale or indeed 1 lost anything as noones being deprived of anything physical.

    Nick a cd from a highstreet shop (actually depriving someone of an object) gets you a reasonable fine and caution, so how can this massive fine in any way be fair?

    1. Jason 24
      Alert

      Re: Thats fair then......

      Given the amount of back handers that are probably flying about I've a feeling the judge does now see $675k as mere pocket change....

    2. KBeee

      Re: Thats fair then......

      "In what world do these judges live in that $675000 isnt deemed excessive?"

      When $675000 is about 1 months "Donation" from the RIAA for your re-election fund?

      1. Anonymous Coward
        Anonymous Coward

        @KBeee

        "When $675000 is about 1 months "Donation" from the RIAA for your re-election fund?"

        Federal judges are appointed to their positions for life. Removing a federal judge is a "very big deal".

        Read about it here, on the off-chance that you want to be just a little bit less ignorant than you are now:

        http://en.wikipedia.org/wiki/United_States_federal_judge

        1. This post has been deleted by a moderator

  17. -tim
    Pint

    Does anyone have a video of Judge Rya W. Zobel or the Supremes singing Happy Birthday?

  18. Eradicate all BB entrants

    I always thought.....

    .... that an easy way for defence lawyers to win these cases for file sharers is to get the RIAA/MPAA/BPI to provide a full paper trail to show monies recovered have actually made it to an artist.

    There are many many ways to show up the restrictions listed on music and movies as being totally daft. Hell, i'm bored so lets think of some crap ones based on the notes on one of my fully paid for cd's.

    Unauthorised copying, hiring, lending, public performance or broadcasting of this recording prohibited.

    Copying - How many people directly link their pc optical drive to their soundcard anymore? Not many so they all infringe on copying on a pedantic level if you consider what applications like iTunes, Windows Media player and so on do.

    Hiring - Hang on, it's my fault if the local Blockbuster hires me a copy of something not intended for hire?

    Lending - 'Hi mate, any chance of borrowing that cd so I can check it out before buying it?' - 'No, i'm not allowed to'

    Public performance - Means that the Saxo VTR owners that parade up and down Cleethorpes seafront every weekend are totally screwed.

    Broadcasting - Better turn off all of your wireless streaming devices.

    Yes I know they are all fairly weak and quite stupid but unless you have spent your life listening to your purchases in your own home through headphones with no one else present, then you have violated one of the above conditions. The industry model is what is at fault, not the user.

  19. raving angry loony

    Back to 1710.

    The only thing this demonstrates is how broken copyright law really is, and how corrupt the governments are that keep implementing exactly what the "London Company of Stationers Part 2" wish them to implement, with no regards for the actual goals of copyRIGHT.

  20. Nanners
    Facepalm

    1,000,000,000

    Why not a billion a song, what's the difference? How did they arrive at that figure?

  21. Unicornpiss Silver badge
    Flame

    "The day they hanged the lawyers"

    This was a line in a Heinlein novel, referring to part of the history of an alternate Earth. Doesn't sound like a bad idea though. I wish there was a way to get everyone to realize what fecal matter the RIAA truly is, and never give big business that exploits artists and fans alike another penny.

    1. KBeee

      Re: "The day they hanged the lawyers"

      Then Heinlein read it in Shakespeare's Henry VI part 2 - it's since been re-interpreted (by Lawyers) to show how Good and Noble lawyers are...

      "Can you get pregnant from anal sex?"

      "Yes, where do you think Lawyers come from?"

      1. Unicornpiss Silver badge
        Pint

        Re: "The day they hanged the lawyers"

        The difference is, in Heinlein's novel, it was an actual event that wasn't in the history books and that no one talked about. It vastly improved society though...

        1. Turtle

          @Unicornpiss: Re: "The day they hanged the lawyers"

          "The difference is, in Heinlein's novel, it was an actual event that wasn't in the history books and that no one talked about. It vastly improved society though..."

          That's the beauty of fiction: you can write any kind of world you want and make it look good.

    2. Anonymous Coward
      Anonymous Coward

      Re: "The day they hanged the lawyers"

      Denial isn't the answer. 99.8% of the world doesn't pirate. Those who can't live by the laws of society deserve heavy fines and prison time. Those who own copyrights are not the criminals. Hating copyright holders isn't going to change reality. Those who violate copyright laws are the criminals regardless if they steal music, software or other protected art.

      1. Anonymous Coward
        Anonymous Coward

        Re: "The day they hanged the lawyers"

        When I was a spotty youth, I once demonstrated the ease with which I could pilfer stuff from my local supermarket.

        Are you suggesting I should have done gaol time for a packet of gum?

        1. Anonymous Coward
          Anonymous Coward

          Re: "The day they hanged the lawyers"

          If you're dumb enough to steal then you belong in jail.

          1. genghis_uk
            Stop

            Re: "The day they hanged the lawyers"

            Oh for crying out loud - when will people stop repeating the industry drivel?

            This is Copyright infringement not theft. Nothing was stolen.

            Now repeat 100 times by sunrise or I'll cut your balls off...

  22. Anonymous Coward
    Anonymous Coward

    Grad student gets education

    Now he knows you shouldn't steal and/or distribute copyright protected works. Some people need to learn the hard way.

    1. Mectron

      Re: Grad student gets education

      There is no proof of any kind. the RIAA is a CRIMINAL organisation no one can trust anything they say, a log, a list of RANDOM IP address, the easiest thing in to world to manipulate or create from thin air.

      The RIAA just destroyed the life of another innocent person. that is why the RIAA must be destroyed AT ALL COST.

      1. Anonymous Coward
        Anonymous Coward

        Re: Grad student gets education

        Denial will set you free from your freedom for many years.

        This grad student has had his day in court TWICE and lost BOTH times. If you're feeling lucky you two can have your day in court. Then you too can pay $20+K per copy or go to prison for ten years.

        One way or the other you're going to learn that piracy will not be tolerated. You can hate the RIAA, the judicial system or yourself but you're still going to be punished for your crimes. If you're dumb enough to pirate then you are dumb enough to pay dearly.

        This is reality 101.

        1. Anonymous Coward
          Anonymous Coward

          Repeat after me

          Piracy (which includes threats, weapons, hijack, murder, rape, theft) <> copyright infrigement (which includes none of these). 100 times.

          Now of course, the justice system is keener to protect corporate assets than citizens' assets or life, hence the comparatively stiffer sentences.

        2. magrathea

          Re: Grad student gets education

          As we live in a theoretical democracy and not a monarchy run by the recording industry, it is quite possible the entire music / film copyright aparatus could be dismantled or severely nerfed if it becomes too inconvenient for most people. It is on the way to becoming too inconvenient

          Play your little legal corruption ball too hard and eventually enough people will get irritated enough and turn up to the fight with a demolition crane and 10 ton concrete ball

          Reality 101

  23. ZenCoder
    Unhappy

    Congress passed this law, and only congress can fix it.

    Don't blame the judge, the jury or the supreme court. Congress passed this law, and only congress can fix it.

    When you stop to consider how much the music and recording industries contribute to campaigns, and how little your typical file sharer contributes ... I wouldn't hold my breath.

    1. Anonymous Coward
      Anonymous Coward

      Re: Congress passed this law, and only congress can fix it.

      The only thing that needs to be fixed is that mandatory jail time be included for piracy of (10) or more copyright protected items/songs/software, etc. The $650K fine is good and appropriate and should be the basis for all future fines for piracy. I suppose they could give the pirates a second option of being hung by their thumbs for 2-3 months.

      1. Anonymous Coward
        Anonymous Coward

        Re: Congress passed this law, and only congress can fix it.

        Jump off a cliff

  24. A Long Fellow
    Thumb Up

    Yo, Freetards: Reality Check

    1. He broke the law. Stupid law? Maybe. Still the law, and he knew it.

    2. After he got nicked, he showed stupidity (refusing to settle), cowardice (it wasn't me!), and arrogance (c.f. Nesson).

    3. Bankruptcies happen. It's not terminal. Properly handled, this could be a great career starter.

    4. The court did precisely what it was supposed to do: it considered whether the law had been correctly applied, and made a ruling.

    Don't like the law? Change it. Go out and do something useful rather than sitting there like a whining child caught with your hands in the cookie jar. Campaign for legal reform. Write letters (yeah, those) to your congressman. Buy (as some here honorably do) music through other channels. Make some music of your own -- invest some major effort into creating yourself.

    This wholesale "sharing" puts no money into the hands of artists. The deal with the RIAA sucks, but it's where the law got us. As a creative, I'm thrilled that this has happened, because it just might galvanise one or two people into thinking and acting.

    Here's something that would have gone miles toward establishing Tenenbaum's moral credentials: if Nesson had produced one -- just ONE -- street busker to come forward and say, "Yeah -- I know that kid. He always puts a couple of bucks into my hat."

    You want to get worked up about something real? Look at the number of bankruptcies caused by medical expenses.

    1. Unicornpiss Silver badge
      Flame

      Re: Yo, Freetards: Reality Check

      The problem isn't that he broke the law. Yeah, he surely did. The problem is the outrageous damages and the way he was made an example of. You want to punish him? Sony was willing to settle for a few thousand at one point. That was the original and yet still likely inflated value of what damages they thought they were entitled to. Charge him that. Sony's lawyers are on retainer and don't need to be paid by him. His own lawyer failed and doesn't deserve to be paid, in my opinion. Maybe charge him court costs for wasting the public's time.

      1. Mectron

        Re: Yo, Freetards: Reality Check

        how about charging Sony a fews BILLIONS for abuse of the justice system

  25. Kevin McMurtrie Silver badge
    Mushroom

    $22,500 per track

    I bet a lot of musicians wish they were getting paid that $22,500 for each track that Sony takes from them.

  26. This post has been deleted by its author

  27. Henry Wertz 1 Gold badge

    Re:"Just stop buying recorded music". Done and done. But, the assholes at the record companies claim sales are dropping ONLY because of piracy, not because they release loads of drivel, and people don't want to buy CDs from these dinosaurs. And the talking heads on the mainstream media parrot that line, ignoring numerous studies showing this is simply not true.

    Anyway, simple solution -- so $675,000 is supposedly not excessive. Well, following this logic, surely a 22,500 year term to pay off those fines is entirely reasonable.

    1. Anonymous Coward
      Anonymous Coward

      Agreed

      $675,000 is not unreasonable and if he can't pay in full immediately then 22,500 years in prison is an acceptable substitute.

      I'd expect he's starting to see the error of his ways by now?

      1. Swarthy Silver badge
        Thumb Down

        Flogging a dead horse (was Re: Agreed)

        AC, you keep banging the drum for Prison time in addition to ungodly fines for what amounts to a civil offense. If we were to imprison the people who commit various civil infringements the US would have, hands-down, the highest per-capita imprisonment rate in the world. We're not too far off as is.

        At that point the US population would be in two parts: Prisoners and prison guards. There would not be enough population to do anything else.

        In summation, you are either a paid shill (and a bad one at that), or a jackass. Please get off of these forums, you are lowering the IQ level here.

        1. Anonymous Coward
          Anonymous Coward

          @Swarthy: Re: Flogging a dead horse (was Agreed)

          I would think that the AC who keeps calling for prison time is just a freetard doing some trolling.

  28. Gray

    A solemn guarantee ...

    Every citizen of the United States of America is guaranteed, constitutionally, all the justice one can afford. Sadly, the average citizen can afford very little. Hence, studies show that 95% of all felony convictions in the U.S. are the result of plea bargains. 'Tis a pity the RIAA wasn't willing to bargain in this case.

  29. Mectron

    The RIAA

    MUST be destroyed at all cost and those behind this extremly dangerous international criminal organisation must be executed PUBLUCLY in the most painfull way possible......

    The RIAA is the enemy of every single human on this planet and this verdict proves that the USA justice system is broken beoynd repair and the 2 judge involved need to have hits put on them..... they are low level scumbag.

    1. Anonymous Coward
      Anonymous Coward

      Re: Mectron

      "The RIAA MUST be destroyed at all cost and those behind this extremly dangerous international criminal organisation must be executed PUBLUCLY in the most painfull way possible...... The RIAA is the enemy of every single human on this planet and this verdict proves that the USA justice system is broken beoynd repair and the 2 judge involved need to have hits put on them..... they are low level scumbag."

      It's Mectron... again. Now there's someone with a *real* sense of entitlement.

  30. Anonymous Coward
    Anonymous Coward

    Must be good drugs?

    Anyone who blames the copyright holders or laws for piracy is in deep denial and on incredible meds... It's time for a reality check as courts will continue to hand out stiff fines for piracy. In addition the U.S. and other countries are considering making piracy a felony with mandatory prison time. The pirates have been warned so they have no excuse when they are prosecuted for their crimes. Whining because you got caught don't change reality.

    1. Anonymous Coward
      Anonymous Coward

      Re: Must be good drugs?

      Then it is time for a reality check ON your reality check. Why is the deprivation of virtual profits (which can't reliably be proven to have come in any event) warrant the same level of severity as, say, Grand Theft Auto (which does involve the loss of actual property)? It's like throwing away a guy for ten years for a pouch of marijuana (which is controversial in its own right). If record companies really wanted to stop piracy, they'd liquidate all their assets and indenture them as lifelong slaves. Guaranteed restitution, then. Instead of tackling the symptoms, why don't the record companies look to the cause of the problem and try to do something about it? Or is it truly against their nature? Their approach is a lot like prohibition. All it does is raise the Forbidden Fruit effect; meanwhile piracy habits go back to fundamental human nature (maximum result for minimum effort). Just as haters gonna hate, pirates gonna pirate.

      1. Turtle

        @AC 10.09 Re: Must be good drugs?

        "meanwhile piracy habits go back to fundamental human nature (maximum result for minimum effort). Just as haters gonna hate, pirates gonna pirate."

        Just as haters gonna hate, pirates gonna pirate, muggers gonna mug, serial killers gonna serial kill, rapists gonna rape, burglars gonna burgle, robbers gonna rob, child molesters gonna child molest, spouse-abusers gonna spouse abuse, shoplifters gonna shoplift, tax cheats gonna cheat on their taxes, drunken drivers gonna drive drunk.... There are no laws and never will be any laws that will succeed in eradicating all of these things. So which ones should therefore be legalized?

        Joel "Blame The Foster Child" Tenenbaum got caught, he was warned, he continued, he was told there would be a lawsuit, he continued, he lied, and lied some more, and lied some more, he destroyed evidence, and he got a lawyer whose main interest was in publicizing an ideological agenda as opposed to acting in his (Tenenbaum's) best interest.......

        That he got caught in the first place was bad luck. Everything after that is his own fault. He should have settled for $3500 and been done with it. And instead of getting a real lawyer, he gets Nesson - and by attempting to wiggle out of it entirely, he only worsened his situation - by orders of magnitude.

        Everyone once in a while you have to just say, Well, I got caught and I give up. And the longer it takes to get to that point, the worse the final outcome is going to be.

        1. Charles 9 Silver badge

          Re: @AC 10.09 Must be good drugs?

          "Everyone once in a while you have to just say, Well, I got caught and I give up. And the longer it takes to get to that point, the worse the final outcome is going to be."

          Never underestimate the determination of the utterly idiotic and the truly insane.

  31. Anonymous Coward
    Anonymous Coward

    I'll bet his arse is puckered now

    He should get a PhD in reality after this experience. I'll bet he doesn't plan to pirate any time soon while secluded at the Iron Bar Hotel.

  32. Anonymous Coward
    Anonymous Coward

    Sony? Errm no,...

    I know it's fashionable to stir up freetards hate against Sony, but they are small players in this. Warner are the biggest claimants, so why no mention of them? (we all know the reason... Warner are an American company, best defect the damage to foreign companies so as not to affect American jobs).

This topic is closed for new posts.

Biting the hand that feeds IT © 1998–2019