Tenenbaum: An Alternative View


In SONY BMG Music Entertainment et al. v. Tenenbaum, 721 F. Supp. 2d 85 (D.Mass. 2010), the U.S. District Court concluded that a jury verdict awarding plaintiffs $675,000 in copyright damages violated Due Process and set the verdict aside.

In my opinion, the real issue in the case was not whether the jury acted unconstitutionally, but whether the District Court did in setting the jury's verdict aside. I conclude that it did act unconstitutionally and that its judgment is not sustainable. In my opinion, it should be reversed.

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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.

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