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Comments on news posted 2012-08-27 15:41:29: The Joel Tenenbaum P2P trial has been stumbling around since 2005, when the former Boston University student was first accused of downloading thirty-one copyrighted songs without paying for them. ..

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Simba7
I Void Warranties

join:2003-03-24
Billings, MT

Well..

..they have to pay the celebrities m/billions of dollars some how.

"Harm to the plaintiffs" What a load of bull.


AVD
Respice, Adspice, Prospice
Premium
join:2003-02-06
Onion, NJ
kudos:1

martyr

for a lost cause...


tshirt
Premium,MVM
join:2004-07-11
Snohomish, WA
kudos:3
Reviews:
·Comcast

reply to Simba7

Re: Well..

And the lawyers (rightfully so as they now spent twice as long in court on this) and court costs. and even the RIAA which finaced the legal fees and costs upto now, and the recording compamy that actually made the invest in the record, but then failed to get all the sales they should have.


pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

Not Correct

quote:
The Joel Tenenbaum P2P trial has been stumbling around since 2005, when the former Boston University student was first accused of downloading thirty-one copyrighted songs without paying for them.
He was sued for making these songs available for download on Kazaa, not, downloading them directly.

»en.wikipedia.org/wiki/Sony_BMG_v···re-trial
--
Romney/Ryan 2012 - Put a couple of mature adults in charge.


MalibuMaxx
Premium
join:2007-02-06
Chesterton, IN
Reviews:
·Verizon Wireless..

Make him pay

The amount owed to the record label..

not this fake number but a real amount...

99 cents or 1.29 or whatever it is on itunes now... as well as the lawyer fees/court fees and some of the salary for those who caught Joel...

But if you ask me this is one big joke...


tshirt
Premium,MVM
join:2004-07-11
Snohomish, WA
kudos:3
Reviews:
·Comcast

said by MalibuMaxx:

The amount owed to the record label..

not this fake number but a real amount...

99 cents or 1.29 or whatever it is on itunes now... as well as the lawyer fees/court fees and some of the salary for those who caught Joel...

But if you ask me this is one big joke...

99 cents is what it costs to buy it in the first place,
This is alot more expensive because they had to chase him down and legally pound the snot out of him to get him to pay.
Exactly the difference between a paying customer going through the cash register line and a shoplifter that they catch and sue above and beyond the criminal proscution, so that the legal customers don't shoulder the costs of his actions.
This is one case, when there are hundreds or thousands of judgements and people come to understand they don't go away, after bankruptcy the collection agents will still be there ready to take any thing he ever owns, every penny he earns PLUS interest.
Then others will think twice before using others property without permission.


FBGuy
Premium
join:2005-03-19
Evanston, IL

They will repossess his property probably, but will never recover the money that they are looking for. Silly judgements are silly.



skuv

@rr.com

reply to MalibuMaxx

said by MalibuMaxx:

The amount owed to the record label..

not this fake number but a real amount...

99 cents or 1.29 or whatever it is on itunes now... as well as the lawyer fees/court fees and some of the salary for those who caught Joel...

But if you ask me this is one big joke...

He wasn't sued for downloading them, as this implies, he was sued for making them available for download from himself after downloading them.

So the costs are from how many times it could have been downloaded from him.


Linklist
Premium
join:2002-03-03
Longport, NJ
kudos:5

Tenebaum had a good lawyer - but he was a lousy client

Tenenbaum certainly shares plenty of blame for lying to the courts and a Keystone-cops-esque legal team

Tenenbaum's lawyer was Harvard Law School Professor Charles Nesson. He had a good lawyer. But he was a lousy client.
--
»www.mittromney.com/s/repeal-and-···bamacare
»www.mittromney.com/issues/health-care


TwiztedZero
Nine Zero Burp Nine Six
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join:2011-03-31
Toronto, ON
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Reviews:
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Outrageous.

And so Joe Blow walks into a WalMart and shoplifts three music cd's (31 songs?) gets caught, pays a hundred dollar fine, maybe gets banned from the store...

... do the same thing online... financial ruin.

Something is terribly off here.


cableties
Premium
join:2005-01-27

Alot ...but...

FWIW, It's about precedent, not fairness.

It's not just that he downloaded 31 songs, he also uploaded them (others he shared to the net with, e.g Kazaa, limewire and other sharing software).

Those songs now were downloaded by hundreds of others, now showing that he was distributing software (music) illegally.

Excessive fines, perhaps. But someone has to pay the extortionist, um, RIAA lawyers...
--
Splat


pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

1 edit

reply to Linklist

Re: Tenebaum had a good lawyer - but he was a lousy client

said by Linklist:

Tenenbaum certainly shares plenty of blame for lying to the courts and a Keystone-cops-esque legal team

Tenenbaum's lawyer was Harvard Law School Professor Charles Nesson. He had a good lawyer. But he was a lousy client.

I disagree. A good lawyer would have pushed a truly liable defendant to settle and quickly. A good lawyer would also have been able to evaluate the evidence presented by the plaintiff during the discovery process and then concluded that settling would have been the least worst option for his client. Such a move would have resulted in far less of a punishment for the defendant.

A bad lawyer would insist on going to trial, even knowing that he has no chance, and letting his client be destroyed.
--
Romney/Ryan 2012 - Put a couple of mature adults in charge.

Chubbysumo

join:2009-12-01
Superior, WI
Reviews:
·Charter

reply to FBGuy

Re: Make him pay

said by FBGuy:

They will repossess his property probably, but will never recover the money that they are looking for. Silly judgements are silly.

hes a poor college student, he has no assets.


David
Now accepting new patients
Premium,VIP
join:2002-05-30
Granite City, IL
kudos:78

reply to TwiztedZero

Re: Outrageous.

I think so too. I could see say $3 or even $5 per song (just to make it sting!) but $21775? that isn't a sting, that is robbery.

The supreme court should be hearing this.


pnh102
Reptiles Are Cuddly And Pretty
Premium
join:2002-05-02
Mount Airy, MD

reply to cableties

Re: Alot ...but...

said by cableties:

Excessive fines, perhaps. But someone has to pay the extortionist, um, RIAA lawyers...

I'm not crazy about the RIAA but this guy was served with multiple official warnings over an extended period of time. It does suck, but you'd think after the first love note from the RIAA, he'd shred his hard disk and never touch P2P software again.
--
Romney/Ryan 2012 - Put a couple of mature adults in charge.


skeechan
Ai Otsukaholic
Premium
join:2012-01-26
AA169|170
kudos:2

reply to pnh102

Re: Not Correct

Meanwhile if he stole CDs from a store and "made them available", it would have been community service and 6mo probation.

Gotta love lobbyists and their purchased laws.

mlcarson

join:2001-09-20
Los Alamos, NM

reply to cableties

Re: Alot ...but...

RIAA should have to go after each individual who downloaded the songs since the individual didn't really upload them. The software just made them available to download. The defendant didn't take any action to explicitly upload the material anywhere else. The law should be changed to differentiate between uploading them to a third party server and simply downloading them to your home PC and as a consequence of the software involved, making them available for further download.

The damages per download should be capped at 3x the retail value of the songs in question. It's ridiculous what the judgements have been in these cases. The violation of the law here shouldn't force an individual into bankruptcy -- there needs to be some balance. It'd be analogous to sentencing a shoplifter to consecutive life sentences in prison for a first offense. If our legislators were really working for the people rather than special interests like the RIAA, this would have been fixed by now.


Linklist
Premium
join:2002-03-03
Longport, NJ
kudos:5

reply to skuv

Re: Make him pay

said by skuv :

said by MalibuMaxx:

The amount owed to the record label..

not this fake number but a real amount...

99 cents or 1.29 or whatever it is on itunes now... as well as the lawyer fees/court fees and some of the salary for those who caught Joel...

But if you ask me this is one big joke...

He wasn't sued for downloading them, as this implies, he was sued for making them available for download from himself after downloading them.

So the costs are from how many times it could have been downloaded from him.

Yes. How many thousands did he share these songs with. That is what the high fine is for.
--
»www.mittromney.com/s/repeal-and-···bamacare
»www.mittromney.com/issues/health-care


skeechan
Ai Otsukaholic
Premium
join:2012-01-26
AA169|170
kudos:2
Reviews:
·Cox HSI
·Clear Wireless

Hmmm...$250K med malpractice cap, unlimited for infringement

So we have caps on medical malpractice of $250K but the music industry gets over a 1/2 a mil.

Chop of the wrong leg...no big deal, but G-Dit better not make that song available.

Of the corporations, for the corporations, so that profits shall not perish from the books.

Wanna get pissed off?!? Watch and VOTE IN NOVEMBER!

»www.youtube.com/watch?v=CHiicN0Kg10


Pole883
Premium
join:2004-01-27
Schenectady, NY
kudos:2

Bankruptcy?

Is filing a chapter 7 possible??

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