Judge: Tenenbaum guilty of copyright infringement

It’s all over for Joel Tenenbaum — except for the size of the check he’ll be told to write the RIAA. In a reversal of her decision last night, Judge Nancy Gertner has granted the record labels’ motion for a directed verdict on the issue of copyright infringement. Tenenbaum is now liable for infringing all 30 songs at issue in the case. All that will be left to the jury is to determine the size of the damage award and whether the infringement was willful.Judge Gertner’s change of heart came after she had a chance to review the transcript of Thursday’s testimony by Joel Tenenbaum. During direct examination, Tenenbaum was asked a simple question by the labels’ counsel: “on the stand now, are you admitting liability for downloading and distributing all 30 sound recordings that are at issue and listed on Exhibits 55 and 56 of the exhibits?” His simple “yes” answer was enough to hand the labels a victory on the question of liability.
http://arstechnica.com/tech-policy/news/2009/07/judge-tenenbaum-guilty-of-copyright-infringement.arsAlso see:Debate rages as jury weighs damages in Tenenbaum music piracy case
A stream of messages on the joelfightsback.com blog site reveals mixed feelings over the way the high-profile music piracy trial of Boston University student Joel Tenenbaum appears set to end.Tenenbaum, a 25-year old doctoral student, on Thursday admitted to illegally downloading and distributing copyrighted music in front of a federal jury in U.S. District Court in Boston. The admission has left the jury in the case with nothing left to do but determine the size of the fine to impose on Tenenbaum. If the maximum penalty is assessed, he could be fined $4.5 million.
http://www.computerworld.com/s/article/9136157/Debate_rages_as_jury_weighs_damages_in_Tenenbaum_music_piracy_caseOnly question in Tenenbaum music piracy trial is size of fine
With Joel Tenenbaum, the Boston University student accused of music piracy, admitting to a federal jury Thursday that he illegally downloaded songs, the sole question remaining is just how big a fine he will face.In a ruling Thursday evening, U.S. District Court Judge Nancy Gertner, who is presiding over the case, said the only issues for the jury to consider at this point are “willfulness and damages.” The statutes under which he was sued allow for statutory damages of between $750 and $150,000 per willful infringement. Tenenbaum is accused of illegally downloading 30 songs, which means he could get hit with a fine of as much as $4.5 million if the jury applies the maximum penalty.

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