Jury orders grad student to pay $675,000 for illegal downloads
Associated Press
Saturday, August 01, 2009

BOSTON --- A federal jury on Friday ordered a Boston University graduate student who admitted illegally downloading and sharing music online to pay $675,000 to four record labels.

Joel Tenenbaum, of Providence, R.I., admitted in court that he downloaded and distributed 30 songs. The only issue for the jury to decide was how much in damages to award the record labels.

Under federal law, the recording companies were entitled to $750 to $30,000 per infringement. But the law allows as much as $150,000 per track if the jury finds the infringements were willful. The maximum jurors could have awarded in Mr. Tenenbaum's case was $4.5 million.

Jurors ordered Mr. Tenenbaum to pay $22,500 for each incident of copyright infringement, effectively finding that his actions were willful. The attorney for the 25-year-old student had asked the jury earlier Friday to "send a message" to the music industry by awarding only minimal damages.

Mr. Tenenbaum said he was thankful that the case wasn't in the millions and contrasted the significance of his fine with the maximum.

"That to me sends a message of 'We considered your side with some legitimacy,' " he said. "$4.5 million would have been, 'We don't buy it at all.' "

He added he will file for bankruptcy if the verdict stands.

Mr. Tenenbaum's lawyer, Harvard Law School professor Charles Nesson, said he plans to appeal the decision because he was not allowed to argue a case based on fair use.

The Recording Industry Association of America issued a statement thanking the jury for recognizing the impact of illegal downloading.

"We appreciate that Mr. Tenenbaum finally acknowledged that artists and music companies deserve to be paid for their work," the statement said.

Mr. Tenenbaum would not say whether he regretted downloading music.

"I don't regret drinking underage in college, even though I got busted a few times," he said.

The case is only the nation's second music downloading case against an individual to go to trial.

From the Saturday, August 01, 2009 edition of the Augusta Chronicle
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