Record Labels Take On Grad Student in Latest Music Download Trial
Four major music labels claim that a Boston University graduate student illegally downloaded and shared music, in only the second such case in the nation to go to trial. Sony BMG Entertainment, Warner Bros. Records Inc., Arista Records LLC, and UMG Recordings Inc. have sued Joel Tenenbaum for using the KaZaA peer-to-peer network to download and share music.
The Recording Industry Association of America (RIAA) put the case together after contacting more than 18,000 individuals to demand payment for illegal file sharing. In most cases, the accused have settled out of court for $3,000 to $5,000. In the only other case to go to trial, Jammie Thomas-Rassett of Minnesota was ordered to pay $80,000 for 24 songs she posted on a Web site for others to download.
The circumstances do not bode well for Tenenbaum, a 25-year-old graduate student in physics. Several hours before jury selection, U.S. District Judge Nancy Gertner shot down one of the defense team’s key theories. In an electronic order, she stated that Tenenbaum couldn’t cite fair use, or the legal and justified use of copyrighted works, during the trial. “Indeed, the Court can discern almost no limiting principle: His rule would shield from liability any person who downloaded copyrighted songs for his or her own private enjoyment,” she wrote.
Gertner denied Tenenbaum’s counterclaims last month that the lawsuit filed against him is an “abuse of process” because the campaign has primarily targeted students with little cash. Gertner also dismissed the counterclaims against all the plaintiffs and rejected Tenenbaum’s bid to add the RIAA as a party to the counterclaims.
Since Tenenbaum has admitted under oath to downloading the files in question, his options may be limited, The defense team will most likely argue that his action did not cause significant harm to the plaintiffs. If the jury rules in favor of the recording industry, this might limit the amount of damages he is ordered to pay.
But Tenenbaum and his lawyer, Charles Nesson, famed professor at Harvard Law School, will remain squarely in the public eye no matter the outcome of the case. A college student paying a large sum to the record industry may stir up public sympathy—or cause second thoughts about downloading illegal files. The trial is expected to take a week.
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