Record Companies Prevail in Music Downloading Trial
On Friday, a jury ordered Joel Tenenbaum, a BU graduate student to pay $675,000 to various record companies after he illegally downloaded and distributed thirty songs. This amount of damages is significantly less than 4.5 million dollars which is what the companies would have received if the jury imposed the maximum per-song damages. Tenenbaum’s attorney, Harvard Law professor Charles Nesson, tried to convince the jury that Tenenabum was addicted to downloading music and that he was merely taking advantage of the technology that was available to him. Nesson argued that Tenenbaum was not trying to take profits away from the record companies. He further stated that the record companies should better keep up with the changing technological advancement. “Progress happens, it’s not Joel who is responsible,” Nesson said. “There’s no reason for [the industry] to put their calamity off on kids.”
Tenenbaum admitted to being liable for the download and distribution of the songs at issue. The jury therefore merely had to decide whether such infringement was willful. Nesson stressed that because his client was not posting the first copy of the infringed matter but rather was distributing music already downloaded from others, that Tenenbaum was not adding to the lost profits of the record companies.
Plaintiff’s attorney, Reynolds, described Tenenbaum as a “hard-core, habitual, long-term infringer.” He also stated that as an undergraduate student at Goucher College, Tenenbaum downloaded 600-5000 songs onto a shared network at the school. Furthermore, Reynolds argued, that the situation with Tenenbaum must be used as an example to deter future infringers because illegal downloading has caused significant loss in profits for the record companies.
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