Update: $675,000 Jury Verdict Against Music File-Sharer Upheld

As previously discussed on this blog, last year the First Circuit held that the jury verdict for $675,000 in statutory damages against graduate student and file sharer Joel Tenenbaum should not have been reduced to $67,500 by District Court Judge Nancy Gertner on constitutional grounds. The case was remanded for consideration of Tenenbaum’s motion for remittitur, and, if that was denied, for fresh consideration of the constitutionality of the award.

In light of Judge Gertner’s retirement, the remanded case went to Judge Rya Zobel. Judge Zobel was not a sympathetic ear for Tenenbaum: she denied both the motion for remittitur and the constitutional challenge. She implied strongly that Tenenbaum was actually somewhat fortunate, in that the award was at the low end of the available statutory damages applicable to willful infringers, and even “below the statutory maximum for non-willful infringement.” Finding that Tenenbaum had infringed on a large scale after repeated notice, had destroyed evidence of his activities, and had admittedly lied in discovery, she concluded that there was “ample evidence of willfulness and the need for deterrence based on Tenenbaum’s blatant contempt of warnings and apparent disregard for the consequences of his actions.” The wording of the opinion leaves little doubt that even a larger jury award might well have withstood challenge.

 

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Foley Hoag LLP - Trademark, Copyright & Unfair Competition | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×
×