Sony BMG v. Tenenbaum

Joel Tenenbaum (born 25 December 1983) is an American student who was defendant in a much-publicized trial for file sharing. The method is applicable in addition to the method of Jammie Thomas as a precedent. The case is being prosecuted primarily by the U.S. IT trade press.

Tenenbaum studied physics graduate student at Boston University for the purpose of promotion. He is accused by the RIAA to have downloaded a total of 30 songs in the Kazaa in 2004 and offered in exchange. Accused in court, Tenenbaum refused an amicable agreement on the amount of 10,500 U.S. dollars. After The Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 Tenenbaum could be sentenced by the court to pay up to 1 million U.S. dollars.

The case of Joel Tenenbaum, was acquired by Charles Nesson, a lecturer at Harvard Law School. Previously Tenenbaum was represented by his mother, a lawyer. The case is to be brought up to the Supreme Court. Is disputed, the proportionality of the calculation of damages. Almost all briefs and press releases are provided as pdf files available on the internet. Nesson asked to transfer the negotiations on 30 March 2009 live on the Internet. The RIAA tried to prevent it. At the same time in January 2009 hearings before the Federal Court Rhode Iceland took place in order to prevent the seizure of computers and data from the parents of Joel Tenenbaum. In July 2009, noted the judge Nancy Gernter that it was opposed to fair use as an argument.

Before the U.S. federal court in Boston, Massachusetts, advised the jury, Joel Tenenbaum to a compensation amounting to 675,000 U.S. dollars to condemn (about 500,000 Euros ).

On 6 January 2010, announced that the defense Tenenbaums demanded a new trial. In the appeal process as of June 2010, the amount of damages has been shut corrected to $ 67,500 - one-tenth of the original sentence. Tenenbaum said, even this punishment is not affordable by him.

In September 2011 it was announced that on appeal again an amount of $ 675,000 was set.

By judgment of 23 August 2012, the penalty of 675,000 dollars was confirmed. Thus, the right way of Tennenbaum unlikely to have exhausted because for a hearing in the Supreme Court, it is not yet come.