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Court won't reduce student's music download fine [$675,000!!]
AP via Yahoo News ^ | May 21, 2012 | DENISE LAVOIE

Posted on 05/21/2012 7:49:30 PM PDT by ETL

BOSTON (AP) — A former Boston University student who was ordered to pay $675,000 for illegally downloading and sharing 30 songs on the Internet says he will continue fighting the penalty, despite the Supreme Court's refusal to hear his appeal.

Joel Tenenbaum, of Providence, R.I., said Monday he's hoping a federal judge will reduce the amount, which he called "ludicrous."

A jury in 2009 ordered Tenenbaum to pay after the Recording Industry Association of America sued him. A federal judge called the penalty constitutionally excessive, but the 1st U.S. Circuit Court of Appeals reinstated it.

(Excerpt) Read more at news.yahoo.com ...


TOPICS: Culture/Society; News/Current Events
KEYWORDS: mpaa; riaa
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This guy is one unlucky SOB. Of all the millions of people who do this, to be one of a handful that gets in trouble for it...
1 posted on 05/21/2012 7:49:32 PM PDT by ETL
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To: ETL

Seems to me punishing him by making him a the slave for life of the music industry is just a tad excessive.


2 posted on 05/21/2012 7:53:39 PM PDT by DManA
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To: ETL

why cant he just claim bankruptcy


3 posted on 05/21/2012 7:54:30 PM PDT by KTM rider
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To: ETL

It seems excessive particularly in light of the crappy music involved.


4 posted on 05/21/2012 7:54:59 PM PDT by muir_redwoods (I like Obamacare because Granny signed the will and I need the cash)
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To: ETL
Should have made the amount Eleventy-Skadillion.

Cuz that's fair.

I'm this dude, I relo to a new country and toss this corrupt, insane country the bird.

5 posted on 05/21/2012 7:55:32 PM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: ETL

Does he at least get to keep the songs?


6 posted on 05/21/2012 7:56:27 PM PDT by RFEngineer
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To: DManA

I worked for a guy whose son shared music online about four years ago. He was contacted by a lawyer and was taken to court. The guy wouldn’t disclose the amount of money they were forced to pay because of the negotiated settlement but I’m guessing it was in the $5000 to $10,000 range. The kid was in high school when he illegally shared the songs.


7 posted on 05/21/2012 7:57:43 PM PDT by Sawdring
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To: Lazamataz

Exactly, one more person chased out of this country.


8 posted on 05/21/2012 7:59:02 PM PDT by JLS (How to turn a recession into a depression: elect a Dem president with a big majorities in Congress))
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To: KTM rider

In general I don’t think bankruptcy gets you out of court judgement.


9 posted on 05/21/2012 7:59:49 PM PDT by DB
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To: Lazamataz

I have predicted sometime in the next 10 year a jury somewhere will award the plaintiff “All the Money in the World + $1.”


10 posted on 05/21/2012 8:00:58 PM PDT by DManA
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To: ETL

they want to make him an example.

How about they get the fine from the sites that make it possible to transfer copies of music illegally?


11 posted on 05/21/2012 8:01:00 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: ETL

This guy will never be able to pay that amount down. His life in the US is done. He might as well head overseas and put that education to work in a nation with saner copyright laws. The RIAA is a cancer.


12 posted on 05/21/2012 8:01:18 PM PDT by AnotherUnixGeek
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To: ETL

And yet a corporation can steal a patent and face only civil action.

But copyright IP has been made SPECIAL IP, special only because the owners pay the politicians.

So they have created a new criminal class that is treated unequally with respect to copiers of other intellectual property.


13 posted on 05/21/2012 8:02:44 PM PDT by chuck_the_tv_out
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To: ETL

https://torrentfreak.com/new-law-will-shut-down-torrentfreak-music-industry-expert-says-110322/


14 posted on 05/21/2012 8:03:40 PM PDT by RushIsMyTeddyBear (A MUST WATCH: http://www.youtube.com/watch?feature=player_embedded&v=KeOLurcQaqI)
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To: ETL

He needs to go into politics as a Democrat. Then he can have his fine retroactively removed. Hell, they’ll probably give him $90K to store in his freezer...


15 posted on 05/21/2012 8:07:34 PM PDT by Mr Rogers (A conservative can't please a liberal unless he jumps in front of a bus or off of a cliff)
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To: Lazamataz

problem is... these days he’d be stopped at the border for having outstanding court ordered ‘damages’

of course, he could take on another’s ssno, claim to be from mexico, and work as an illegal in the US.


16 posted on 05/21/2012 8:08:50 PM PDT by sten (fighting tyranny never goes out of style)
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To: ETL

He can whine all he wants, but in the end, he was stealing and got caught. All the rationalization, justification, denial, anger, resentment, etc., but he was stealing and got caught.


17 posted on 05/21/2012 8:10:03 PM PDT by RetiredTexasVet (There's a pill for just about everything ... except stupid!)
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To: RFEngineer
Does he at least get to keep the songs?

For $675,000, he could have the bands play for him LIVE in his backyard.

18 posted on 05/21/2012 8:11:04 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: KTM rider

criminal fines are not dischargeable in bankruptcy.


19 posted on 05/21/2012 8:11:09 PM PDT by Mercat
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To: ETL

“For $675,000, he could have the bands play for him LIVE in his backyard.”

How much for whistling rights, do you suppose?


20 posted on 05/21/2012 8:14:13 PM PDT by RFEngineer
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To: Sawdring

Can You buy a CD of Music and then Make copys and give them away?

Can You sue your emplyer for using your labor to make a profit and not give you a greater share???

I hope the Music industry goes bankrupt.


21 posted on 05/21/2012 8:14:13 PM PDT by LtKerst
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To: ETL

Insane! And corzine anyone?


22 posted on 05/21/2012 8:18:03 PM PDT by GlockThe Vote (The Obama Adminstration: 2nd wave of attacks on America after 9/11)
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To: sten
problem is... these days he’d be stopped at the border for having outstanding court ordered ‘damages'

Are they doing that yet?

Because the day they do is the day we are OFFICIALLY the USSR.

23 posted on 05/21/2012 8:19:32 PM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: ETL

I bet he now hates those 30 songs.


24 posted on 05/21/2012 8:20:47 PM PDT by Uncle Slayton
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To: ETL
Generally music companies get hot and bothered about people who send out lots of unauthorized copies (UPload), much less so about those who receive them (DOWNload).

The biggest irony however is that this was all stuff that could be had for free from radio stations. If the same student had sent out instructions on how to nab a copy from a radio station he wouldn't have even gotten noticed.

People put music up on You Tube frequently without any sign that they are paying licenses for it. Sometimes the resulting videos get automated ads for sales of official copies of the music, but won't get taken down unless the copyright holder requests a DMCA takedown.

If RIAA wants to be magnanimous about this guy's role as another hole in the massive sieve, they would reduce their request to a nominal amount if the guy agrees to do a national mea culpa about it.

25 posted on 05/21/2012 8:22:37 PM PDT by HiTech RedNeck (Churches are full of hypocrites you say? Welcome: there's always room for one more.)
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To: RetiredTexasVet
He can whine all he wants, but in the end, he was stealing and got caught. All the rationalization, justification, denial, anger, resentment, etc., but he was stealing and got caught.

Copying is not stealing. If he stole the songs the band, store etc. would not have them to sell. He made two where there was one. It is simply not the same as stealing. His penalty ought to be to remunerate the lawful copyright owner the download price multiplied by the number of times he shared it.

26 posted on 05/21/2012 8:22:48 PM PDT by DaveyB (Our Constitution was made only for a moral and religious people. -John Adams)
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To: RetiredTexasVet
He can whine all he wants, but in the end, he was stealing and got caught. All the rationalization, justification, denial, anger, resentment, etc., but he was stealing and got caught.

Yes, it is stealing. But is it right that he be made "an example" and therefore pay the price for everyone else who does it? $675,000?!

27 posted on 05/21/2012 8:23:00 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: DManA

this particular Tad is morbidly obese


28 posted on 05/21/2012 8:23:49 PM PDT by GeronL (The Right to Life came before the Right to Pursue Happiness)
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To: sten
Just checked. We really don't have exit controls.

I'm sure we will. People will start fleeing this country en-mass with the direction we are headed.

Soon, too.

29 posted on 05/21/2012 8:24:14 PM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: RetiredTexasVet

The rest of us, however, have a right to wonder about such a capricious and out of proportion system. Copyright “stealing” may dilute a market but it doesn’t remove physical goods from a vendor. You can literally steal that many CDs and suffer orders of magnitude smaller penalty for it.


30 posted on 05/21/2012 8:24:56 PM PDT by HiTech RedNeck (Churches are full of hypocrites you say? Welcome: there's always room for one more.)
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To: sten
>"he could take on another’s ssno, claim to be from mexico, and work as an illegal in the US."

He could use a stolen SSN from Connecticut. They don't prosecute for those!

31 posted on 05/21/2012 8:25:34 PM PDT by rawcatslyentist ("Behold, I am against you, O arrogant one," Jeremiah 50:31)
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To: RetiredTexasVet
He can whine all he wants, but in the end, he was stealing and got caught. All the rationalization, justification, denial, anger, resentment, etc., but he was stealing and got caught.

Yeah! The hell with the Bill of Rights! Excessive, cruel or unusual punishments are just fine!

They should have slowly tortured him to death! His parents, too! And anyone he's ever met!

32 posted on 05/21/2012 8:26:48 PM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: DaveyB

>Copying is not stealing. If he stole the songs
>the band, store etc. would not have them to sell.
>He made two where there was one. It is simply not
>the same as stealing.

Looks like you may be right...

“Copyright holders frequently refer to copyright infringement as theft. In copyright law, infringement does not refer to theft of physical objects, but an instance where a person exercises one of the exclusive rights of the copyright holder without authorization.[6]

Courts have distinguished between copyright infringement and theft, holding, for instance, in the United States Supreme Court case Dowling v. United States (1985) that bootleg phonorecords did not constitute stolen property and that “interference with copyright does not easily equate with theft, conversion, or fraud.

The Copyright Act even employs a separate term of art to define one who misappropriates a copyright... ‘an infringer of the copyright.’” In the case of copyright infringement the province guaranteed to the copyright holder by copyright law is invaded, i.e. exclusive rights, but no control, physical or otherwise, is taken over the copyright, nor is the copyright holder wholly deprived of using the copyrighted work or exercising the exclusive rights held.[1]”

http://en.wikipedia.org/wiki/Copyright_infringement#Theft


33 posted on 05/21/2012 8:31:13 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: Lazamataz

Not many places left to go, though.

The Apaches found some Bin Laden-type crevices on this continent...

Belize, Honduras, the Yukon, etc.., Ever play “Risk”?

Better to die like a man where you stand, IMHO.


34 posted on 05/21/2012 8:32:58 PM PDT by One Name (Go to the enemy's home court and smoke his ass.)
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To: ETL
...says he will continue fighting the penalty, despite the Supreme Court's refusal to hear his appeal.

How do you legally continue fighting after the Supreme Court turns you down? Perhaps he should give them a big public raspberry and illegally download thousands of songs now, inviting, daring, the court hit him with a $675,000,000,000,000 fine -- to protest the first ridiculous fine?

35 posted on 05/21/2012 8:33:43 PM PDT by LibWhacker
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To: One Name
I'm planning on dying like a little girl.

Replete with peeing my pants and clutching my dolly.

36 posted on 05/21/2012 8:35:43 PM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: Uncle Slayton

>I bet he now hates those 30 songs.

How appropriate is this 2008 article I just found?

30 Best Songs About Business and Money:
http://www.businesspundit.com/30-best-songs-about-money/


37 posted on 05/21/2012 8:35:52 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: ETL

Maybe he can get it cut in half with a good lawyer..


38 posted on 05/21/2012 8:36:41 PM PDT by One Name (Go to the enemy's home court and smoke his ass.)
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To: LibWhacker
How do you legally continue fighting after the Supreme Court turns you down? Perhaps he should give them a big public raspberry and illegally download thousands of songs now, inviting, daring, the court hit him with a $675,000,000,000,000 fine -- to protest the first ridiculous fine?

I'd probably join an organized crime outfit.

I can't make money legit? Fine. Watch this.

39 posted on 05/21/2012 8:36:59 PM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: LibWhacker

Oh, and as an organized crime figure, my first few whacks would be at anyone that heads up RIAA.


40 posted on 05/21/2012 8:38:13 PM PDT by Lazamataz (The so-called 'mainstream' media has gone from "biased" straight to "utterly surreal".)
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To: Lazamataz

I know better than that my Friend- there’s just not many places left. Canada sucks like a big dog, even with the conservative resurgance up there.

Sattelites and shit have us pinned down unless we stay in populous places.

We’re good.


41 posted on 05/21/2012 8:41:19 PM PDT by One Name (Go to the enemy's home court and smoke his ass.)
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To: Mercat

This isn’t a criminal matter, but a tort.


42 posted on 05/21/2012 8:44:30 PM PDT by Darren McCarty (The Republican Party is bigger than the presidency.)
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To: RetiredTexasVet

[He can whine all he wants, but in the end, he was stealing and got caught. ]

You are soooo right. And next time your taxes are underpaid by about $100, which is a stretch for the amount of royalties stolen by this kid, then you should feel fine with being charged $675k


43 posted on 05/21/2012 8:49:34 PM PDT by FastCoyote (I am intolerant of the intolerable.)
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To: ETL
He called the tune, he can pay the piper!

*snort snicker snort*

44 posted on 05/21/2012 8:52:48 PM PDT by Copenhagen Smile
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To: One Name

>Maybe he can get it cut in half with a good lawyer.

Or have it doubled with a really bad one.


45 posted on 05/21/2012 8:55:57 PM PDT by ETL (ALL (most?) of the Obama-commie connections at my FR Home page: http://www.freerepublic.com/~etl/)
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To: ETL

Seems a bit incongruous, eh?

Like a reverse lottery where you get slammed for the rest of your life for what many others are doing.

People kill others, go to prison and have less of an overhead upon release...


46 posted on 05/21/2012 9:01:53 PM PDT by One Name (Go to the enemy's home court and smoke his ass.)
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To: Lazamataz
I'm planning on dying like a little girl.

Replete with peeing my pants and clutching my dolly.

Woke the catz up and scared them when I laughed about that.

Of course, sometimes, they should be scared when I laugh.

But this was just because of the funny. That needs a picture and a spot on Very Demotivational.

/johnny

47 posted on 05/21/2012 9:06:17 PM PDT by JRandomFreeper (Gone Galt)
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To: Mercat
..criminal fines are not dischargeable in bankruptcy.

Was he convicted of a crime, or sued in Civil Court? It seems the rules would be different.

48 posted on 05/21/2012 9:07:02 PM PDT by tsomer
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To: KTM rider
why cant he just claim bankruptcy

It varies from jurisdiction to jurisdiction, but judgements aren't always dischargable via BK.

49 posted on 05/21/2012 9:08:05 PM PDT by Still Thinking (Freedom is NOT a loophole!)
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To: RetiredTexasVet

The intentionally harsh Mosaic law dictated at most a five-fold repayment as punishment for theft. Cross the RIAA on the other hand and you’re forced to pay 22500 times over.


50 posted on 05/21/2012 9:09:43 PM PDT by eclecticEel (Life, Liberty, and the Pursuit of Happiness: 7/4/1776 - 3/21/2010)
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