Sunday, July 11, 2010


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July 11, 2010


Torrent Freak - Another break happened today in the RIAA’s case against Boston University student Joel Tenenbaum, as the $675k fine was reduced by 90%. The judge in the case criticised the RIAA and held that the jury’s damages were unconstitutional. Even the reduced fine is described as “severe, even harsh” by the District Judge.

In the US there have been two major file-sharing cases against individuals that have gone to trial. In both cases the RIAA was initially awarded hundreds and thousands of dollars in damages, but in both cases these were slashed on appeal.

In the RIAA’s case against Jamie Thomas, the jury-awarded damages were reduced significantly as the excessive damages were ruled to be unconstitutional. Today, the same thing has happened with the case against Boston University student Joel Tenenbaum.

The ruling issued by District Judge Nancy Gertner states that the constitutional issues are clear, and that attempting to avoid the constitutional challenges (that the damages are excessive in proportion to the crime) by reducing the damages would be the best way to handle these.

The verdict comes as no surprise to many, and may even come as a relief to the RIAA, who have faced some negative publicity over the damages awarded. It’s unclear, though, if this modification will stand, as the RIAA will have to accept it. If they don’t, a retrial will be called.

Judge Gertner finds a retrial likely, stating in the judgment: “The plaintiffs in this case, however, made it abundantly clear that they were, to put it mildly, going for broke. They stated in open court that they likely would not accept a remitted award.”

“The Constitution protects not only criminal defendants from the imposition of ‘cruel and unusual punishments’, but also civil defendants facing arbitrarily high punitive awards,”

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