The judge reduced the amount of the fine ... 10 times
Just over a year ago, I wrote about an interesting process in which the RIAA, Joe Tenenbaum and Cherley Nesson were involved. The case received an unexpected turn after federal judge Nancy Gärtner reduced the amount of the fine from last year’s $ 675,000 to $ 67,500, calling the previous figure “unconstitutional excessive”.
Actually, even such a fine for 30 tracks that Joel Tenenbaum downloaded and distributed to Kazaa's P2P networks seems to be excessive in his defense. $ 2,250 for each piece is not a weak cost, but the RIAA does not want to give up, and even the Obama administration has defended a human rights organization, I apologize for the pun.
“There is no doubt that even a reduced fine is tough, even harsh,” the judge added. “He not only compensates the plaintiff’s damages for the relatively minor damage caused by the Tenenbaum, but also sends a powerful warning signal to all those who exploit P2P networks for the illegal exchange of copyright subjects.”
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In response to such a statement, the RIAA noted only that “judges are not entitled at their own discretion to change the amount of statutory damages and compensations in case of copyright infringement. The copyright law provides for damages ranging from $ 750 to $ 150,000. ” The fact that a well-known organization uses the holes in the legislation in order to extort such amounts from the guilty by court for each track separately remains behind the scenes.
Apparently, Joe Tenenbaum and Jamie Thomas-Russet, accused of distributing 24 tracks with a “total value” of $ 1.92 million, will be the ones for whom the US legislature will have to change copyright law. In the end, Joe admitted his responsibility for what he had done, but it was still not enough.
via Wired
Actually, even such a fine for 30 tracks that Joel Tenenbaum downloaded and distributed to Kazaa's P2P networks seems to be excessive in his defense. $ 2,250 for each piece is not a weak cost, but the RIAA does not want to give up, and even the Obama administration has defended a human rights organization, I apologize for the pun.
“There is no doubt that even a reduced fine is tough, even harsh,” the judge added. “He not only compensates the plaintiff’s damages for the relatively minor damage caused by the Tenenbaum, but also sends a powerful warning signal to all those who exploit P2P networks for the illegal exchange of copyright subjects.”
')
In response to such a statement, the RIAA noted only that “judges are not entitled at their own discretion to change the amount of statutory damages and compensations in case of copyright infringement. The copyright law provides for damages ranging from $ 750 to $ 150,000. ” The fact that a well-known organization uses the holes in the legislation in order to extort such amounts from the guilty by court for each track separately remains behind the scenes.
Apparently, Joe Tenenbaum and Jamie Thomas-Russet, accused of distributing 24 tracks with a “total value” of $ 1.92 million, will be the ones for whom the US legislature will have to change copyright law. In the end, Joe admitted his responsibility for what he had done, but it was still not enough.
via Wired
Source: https://habr.com/ru/post/98889/
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