The latest stage in the Joel
Tenenbaum saga has resulted in another court loss for the self confessed file
sharer after a federal appeals court upheld the award of damages of $675,000
previously made by a jury. Tenenbaum was accused of illegally downloading 31 songs from a file-sharing Web
site and distributing them, and was sued by the Recording Industry Association
of America (RIAA) on behalf of the major record labels in the USA. US District
Court Judge Rya W. Zobel rejected Tenenbaum's request for a new jury trial,
saying jurors had appropriately considered the evidence of Tenenbaum's actions
-- downloading and distributing files for two years despite warnings -- and the
harm to the plaintiffs and noted that the penalty is at the low end of the
range for wilful infringement and below the limit for even non wilful
infringement, and thus was not excessive. Although having been previously
refused a Supreme Court hearing, Tenenbaum's attorney Charles Nesson said that
he plans a further appeal.
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