US file-sharer gets $700,000 fine

[ants07]

A US student has been ordered to pay $675,000 (?404,000) to four record labels for breaking copyright laws after sharing music online.

The Boston University student, Joel Tenenbaum, had admitted in court that he had downloaded and distributed 30 songs at issue in the case.

It is the second such case to go to trial in the US.

In the first case, a woman in Minneapolis was ordered to pay $1.92m for sharing 24 songs.

On Friday, the jury ordered Mr Tenebaum to pay $22,500 for each infringement. The maximum that he could have been fined was $4.5m.

Following the ruling, he said he was glad the fine had not been in the millions.

"That to me sends a message of 'We considered your side with some legitimacy'," he said, according to the Associated Press news agency.

But his lawyer said the verdict was not fair and that he planned to appeal.

'Loved technology'

Mr Tenenbaum used a computer at his parents' home and at his college to download and distribute digital files.

Prosecutors working on behalf of the record labels focused on 30 shared songs.

Under US law, the recording companies are entitled to $750 to $30,000 per infringement.

It was like this giant library in front of you
Joel Tenenbaum

However, the jury can raise the amount to $150,000 per track if it finds the infringements were wilful - a matter that they will debate now that the judge has ruled Mr Tenenbaum violated copyright laws.

In the Minnesota case, the jury awarded $80,000 per song.

On the stand, Mr Tenenbaum admitted that he had downloaded more than 800 songs since 1999 and that he had lied in pre-trial proceedings when he suggested that other family members of friends may have been responsible for downloading songs to his computer.

"I used the computer. I uploaded, I downloaded music," he told the court under questioning from his own lawyer, Charles Nesson.

He said he had used Napster and then Kazaa to download the files.

"It was like this giant library in front of you," he said.

In opening remarks on Tuesday, Mr Tenenbaum's lawyer said he "was a kid who did what kids do and loved technology and loved music".

Recording companies had been slow to adapt to the internet, he added.

But prosecutors argued that file-sharers take a significant toll on the revenues for artists and others involved in music

The recording industry has recently changed its tactics in file-sharing cases, preferring to settle quickly for much smaller amounts.

However, cases such as those against Mr Tenenbaum, which were already filed, are proceeding to trial.

The four recording labels involved in the case are subsidiaries of Universal Music, Warner Music and Sony.


http://news.bbc.co.uk/1/hi/technology/8177285.stm

ants07 Reviewed by ants07 on 1st Aug 2009. US file-sharer gets $700,000 fine A US student has been ordered to pay $675,000 (?404,000) to four record labels for breaking copyright laws after sharing music online. The Boston University student, Joel Tenenbaum, had admitted in court that he had downloaded and distributed 30 songs at issue in the case. It is the second such case to go to trial in the US. In the first case, a woman in Minneapolis was ordered to pay $1.92m for sharing 24 songs. On Friday, the jury ordered Mr Tenebaum to pay $22,500 for each Rating: 5

[plyrjohn404]

how do they even catch people??

[narutoroot]

where did he upload to ?

[To0]

Someone like that has to download a tremendous amount of content usually. Or they are just very unlucky. When downloading via P2P, the individual your downloading from can visibly see who you are. When downloading consistently (like these people who have cases often do), they tend to come upon an Agent. This Agent works for these companies, or the government and it is their job to find out who these people are that download mass content. Once that I.P hits the Agents computer, it is systematically checked over with that individuals provider. Any signs of extreme bandwith usage usually trigger additional investigation and possible prosecution.

That's one way anyways.

P.S.

In this case the guy was distributing files. When you "distribute" something, there is digital makeup left in almost some instance, and it's usually traceable. When you distribute, whether it be by seeding, uploading to a dump, or whatever your doing, it's traceable. This referrs back to the above: "Once that I.P hits the Agents computer, it is systematically checked over with that individuals provider. Any signs of extreme bandwith usage usually trigger additional investigation and possible prosecution."

[Curtis129]

I dont understand how they could know he was uploading. Downloading.. sure, but uploading?
I wouldve thought the initial investigation would be a breach of privicay to begin with.. For instance, they have suspisions for his IP has been downloading illegal content.. so what??? they need what to prove that? access to his ISP logs? sorry, someone please tell me how they could possibly know.

[Loget]

They most likely checked over with his ISP, its kind of worrying that "agents" are spending there time chasing file sharers when they should really be hunting down real criminals, just a waste of resources.

[thizzladen]

Internet police...wow.

[dangerbakili]

man... I downloaded over 20,000 songs in less than a year, he only did 800 songs over 5-10 years... thats just sad.... he sucks... I do feel sorry for the guy though.

[The Dude]

US file-sharer refuses donations

A US student ordered to pay $675,000 (?404,000) for sharing music online has refused help paying the fine.

Over the weekend supporters had begun to donate money to Boston University student Joel Tenenbaum who was found guilty of sharing 30 songs.

In a blog post Mr Tenenbaum said: "I ask no one to help me. And I ask for no one to cover what I signed up for."

He said any money raised so far would be used to pay expenses to his legal team, many of whom worked for free.

"I shared music. I was the one who wanted a say in court. This lawsuit was against me. This is my verdict," wrote Mr Tenenbaum.

Mr Tenenbaum was ordered to pay the money to four record labels.

Supporters had begin to donate money, he said, after news of his fine spread around the social networking site Twitter. Around $2000 had been raised before Mr Tenenbaum wrote his blog.

"We don't want the RIAA (Recording Industry Association of America) to be paid when I can't afford to do it, and this money could be more valuable elsewhere," the blog post said.

"From the money raised already, I would like to reimburse my legal team for the money they've spent out of their own pockets."

In a different post, he said that he would "declare bankruptcy" if his appeal against the fine was not successful.

'Giant library'

The case is only the second of its kind to go to trial in the US.

In the first case, a woman in Minneapolis was ordered to pay $1.92m for sharing 24 songs.

On Friday, the jury ordered Mr Tenebaum to pay $22,500 for each infringement. The maximum that he could have been fined was $4.5m.

Mr Tenenbaum used a computer at his parents' home and at his college to download and distribute digital files.


It was like this giant library in front of you
Joel Tenenbaum

Prosecutors working on behalf of the record labels focused on 30 shared songs from artists such as Nirvana and Green Day.

Under US law, the recording companies are entitled to $750 to $30,000 per infringement.

However, the jury can raise the amount to $150,000 per track if it finds the infringements were wilful.

In the Minnesota case, the jury awarded $80,000 per song.

On the stand, Mr Tenenbaum admitted that he had downloaded more than 800 songs since 1999.

"I used the computer. I uploaded, I downloaded music," he told the court under questioning from his own lawyer, Charles Nesson.

He said he had used Napster and then Kazaa to download the files.

"It was like this giant library in front of you," he said.

'Got off easy'

In opening remarks, Mr Tenenbaum's lawyer said he "was a kid who did what kids do and loved technology and loved music".

Recording companies had been slow to adapt to the internet, he added.

But prosecutors argued that file-sharers take a significant toll on the revenues for artists and others involved in music

The recording industry has recently changed its tactics in file-sharing cases, preferring to settle quickly for much smaller amounts.

However, cases such as those against Mr Tenenbaum, which were already filed, are proceeding to trial.

The four recording labels involved in the case are subsidiaries of Universal Music, Warner Music and Sony.

Kevin Cullen of the Boston Globe said Mr Tenenbaum had "got off easy" compared to the Minnesota case.



http://news.bbc.co.uk/2/hi/technology/8177285.stm

Mr. Good Man

[Clowner]

this is why i stick to downloading from forums no real risk of getting caught and a small risk that it contains a virus