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5 Aug 2:47 pm by Ben Sheffner
... performed at a March 27, 2006 piano recital at Goucher College: Most of the songs Tenenbaum performed are by long-dead composers such as Bach, Beethoven, and Chopin. Their ... list of .mp3s is "The Piano Man," written and composed by Billy Joel. That composition is owned by Billy Joel's publishing company "Joelsongs": Generally speaking, unless one ... firm that specializes in tracking down missing royalties.) But if you were Joel Tenenbaum, having just been ordered to pay $675,000 for your infringements ...
Copyrights & Campaigns - http://copyrightsandcampaigns.blogspot.com/
4 Aug 3:50 am by Ben Sheffner
... RIAA loses money in its fierce litigation campaign against individual users, and they are making an example out of Joel in order to quote "teach other people a lesson." That is an inappropriate use of the court system and we are disappointed in the ... use of the court system." But let there be no mistake: the law is crystal clear that teaching both Joel Tenenbaum and other potential infringers a lesson is an entirely appropriate use of the copyright laws, and particularly their statutory damages ...
Copyrights & Campaigns - http://copyrightsandcampaigns.blogspot.com/
30 Jan 4:31 pm by Ray Beckerman
Thanks to Ben Sheffner for making these briefs available. The brief filed by Joel Tenenbaum, and the amicus curiae brief of CVN, filed in opposition to the RIAA's petition for 'mandamus or prohibition' in SONY BMG Music v. Tenenbaum, are now available online. Opposition Brief of Joel Tenenbaum Amicus curiae brief of CVN *-->* Document published online at Internet Law & Regulation-->Commentary & discussion: []--& ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
1 Sep 2:14 pm by Ben Sheffner
The plaintiffs in the Joel Tenenbaum case have moved for entry of judgment in their favor, and have asked the court to permanently enjoin Tenenbaum from further infringing their copyrights. The record labels, whom a Boston jury awarded $675,000 for downloading and "sharing" 30 of their songs, cite Tenenbaum's long history of using peer-to-peer software to obtain music without paying for it, his unrepentant attitude since the July 31 ...
Copyrights & Campaigns - http://copyrightsandcampaigns.blogspot.com/
22 Jun 1:03 pm by Ray Beckerman
In SONY BMG Music Entertainment v. Tenenbaum, the RIAA has made a motion to punish Joel Tenenbaum by assessing attorneys fees and costs against him for the RIAA's motion to compel discovery, which the Court had granted. Plaintiffs' motion to assess attorneys fees & costs against Joel Tenenbaum *-->* Document published online at Internet Law & Regulation-->Commentary & discussion: []-->--> -->--> Keywords: lawyer digital copyright law online internet law legal ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
5 Oct 1:36 am by Ben Sheffner
The Supreme Court today denied Joel Tenenbaum's cert. petition in which he sought review of the First Circuit's decision holding that federal court rules did not permit district judge Nancy Gertner to allow the live webcast of proceedings in Tenenbaum's copyright case. See page 70 of this order. The record label plaintiffs, who ... of several: 1) there is no circuit split; 2) the issue is moot since Tenenbaum's trial finished in July; and 3) the Court is perfectly happy to keep cameras out ...
Copyrights & Campaigns - http://copyrightsandcampaigns.blogspot.com/
24 Nov, 2008 2:41 pm
... And it appears that law professor Charles Nesson both got tired of waiting and found a case he could support. The fleet, as they say, has sailed. RIAA v. Joel Tenenbaum may become the Cartel's English Channel. As you'd expect, Nesson isn't just trying ... we're still at the very earliest stages yet. My guess is that the RIAA will drop its case against Tenenbaum and attempt to get the countersuit mooted rather than try to defend on the merits. 1Full disclosure: Corante, the ...
Tags: Regulations, Laws
Copyfight - http://copyfight.corante.com/
3 Dec, 2008 10:41 am by Ray Beckerman
An interview with Prof. Charles Nesson, and with his client Joel Tenenbaum, about SONY BMG Music v. Tenenbaum, is available online here at MediaBerkman.-->*-->* Document published online at Internet Law & Regulation--> Commentary & discussion: Prefix --> -->--> Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
11 Apr 2:55 am by Ray Beckerman
According to this report by Jon Newton at p2pnet.net, Joel Tenenbaum's mother had an opportunity to speak about her son's case, SONY BMG Music Entertainment v. Tenenbaum, at a recent panel discussion at the American Bar Association. -->*-->* Document published online at Internet Law & Regulation-->Commentary & discussion: []-->--> -->--> Keywords: lawyer digital ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
2 Aug 8:38 am by Ben Sheffner
Posted today to the Joel Fights Back site: Q: What did you do with 30 songs that got you nailed? A: I downloaded them and shared them on Kazaa. They also ... Inch Nails has said on this. I'm very curious as to the source of the "2/3" statistic. And if Tenenbaum wanted "more than anything" that the artists get paid, why didn't he buy ... of $22,500 could have been exactly the same prior to that law's passage. Tenenbaum will likely soon be back before Judge Gertner, asking her to reduce the jury's award ...
Copyrights & Campaigns - http://copyrightsandcampaigns.blogspot.com/
14 Aug 1:53 am by Ben Sheffner
Tenenbaum's defense team finds this development "interesting." I can think of a few other words.
Copyrights & Campaigns - http://copyrightsandcampaigns.blogspot.com/
28 Jul 12:04 pm by Marc W. Bourgeois
... described distribution as a word that has an active component as in 'a distributor'. He asked what actively Joel would have had to do to distribute the files after they were downloaded ... sublimeguy14 username, knew what filesharing was, and had seen some 'blank' CDs in Joel's bedroom while he was in high school. He also testified that he ... submit something that he wrote in his own words. Dr. Arthur Tenenbaum Joel Tenenbaum's father was the last live witness of the day, being asked by Plaintiffs mostly ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
3 Aug 2:28 pm by Howard Knopf
... , agreed with me. A jury in the Federal Court in Boston on July 31, 2009 found Joel Tenenbaum liable for $675,000 for willfully downloading and distributing 30 songs. That's $ ... natives." The Court correctly and predictably concluded that none of this was relevant. Nesson opened Joel's case with a lecture about the Necker cube and how things can be ambiguous and not ... day, Joel might have been better off with the maximum $4.5 million award. Such an maxed out award might have been useful in helping ...
Excess Copyright - http://excesscopyright.blogspot.com/
27 Jul 8:03 am by Howard Knopf
We may be about to see some strange theatrics unfold in Boston, where Joel Tenenbaum is on trial for allegedly downloading and sharing 30 songs. It seems that Tenenbaum's counsel, Prof. Charles "Charlie" Nesson "missed" the fact that ... that was so well dealt with in Canada in the BMG case? Will a constitutional argument be the "deus ex machina" needed to rescue Joel? Will there be enough evidence on the record to sustain such an argument? It seems that Prof. Nesson will be wearing a turtle neck in ...
Excess Copyright - http://excesscopyright.blogspot.com/
30 Jul 6:51 pm by Marc W. Bourgeois
... emerging, to which he also replied that he thought there was no reason these companies should fail. Joel Tenenbaum The main witness of day four was the Defendant ... asked that he did all of this to recieve the most amount of music with the least effort. Joel was asked about his letter to Plaintiffs after initially learning that he may be sued ... issues of the present lawsuit and why he lied on his written interrogatories. Joel said that his answers seemed like the best response to give without a lawyer ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
31 Jul 8:13 am by Marc W. Bourgeois
... industry. He stated that peer to peer networks rapidly changed the music industry. He said that progress happens. Joel Tenenbaum is not on trial, not peer to peer networks. He argued the damage was what Joel did and what the ... . The asked the jury then to consider other factors in the award. He asked them to consider the arbitrariness in selection of Joel by MediaSentry. He asked the jury to consider the arbitrariness in the selection of the number of songs to pursue in this case. He asked the ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
3 Aug 6:26 am by Ben Sheffner
When I heard the clerk announce that the jury in the Joel Tenenbaum case had awarded $22,500 per infringed work, I immediately thought: "Uh oh. Did they screw up? Did they really mean to award $22,500 ... intend to award $22,500 per work -- not $22,500 total -- comes from the verdict form itself. The form clearly indicates that the jury awarded $22,500 for each of the 30 separate songs. Sony v. Joel Tenenbaum Verdict Form And with that, I think we can put the "mistake" theory of the verdict to rest.
Copyrights & Campaigns - http://copyrightsandcampaigns.blogspot.com/
5 Oct 1:34 pm by Ben Sheffner
... copies of those downloaded recordings transferred onto any physical medium or device in Defendant's possession, custody, or control. Today Joel Tenenbaum filed his opposition to the plaintiffs' motion. Only a small portion of Tenenbaum's brief addresses ... cases, or to the ample case law (much of which was cited by plaintiffs), specifying when an injunction is appropriate. Given Tenenbaum's admission of infringement of thousands of songs for over a decade, and even after he was sued, an injunction ...
Copyrights & Campaigns - http://copyrightsandcampaigns.blogspot.com/
5 Jun 9:38 am by Ray Beckerman
... conducted today, and decision reserved by the Court, in SONY BMG Music Entertainment v. Tenenbaum. The court's docket entry is as follows: Electronic Clerk's Notes for proceedings held ... Hearing held on 6/5/2009 re: [779] MOTION to Dismiss filed by Joel Tenenbaum, [839] MOTION to digitally audio record the public hearing before the Court on June 5, 2009, and all further public proceedings filed by Joel Tenenbaum, [806] MOTION to Amend [625] Amended Answer to Complaint, Counterclaim, [686] MOTION ...
Recording Industry vs The People - http://recordingindustryvspeople.blogspot.com/index.html
1 Aug 5:53 am by Derek Bambauer
As you know, Joel Tenenbaum lost against the RIAA and is now on the hook for $675,000, pending a hearing on the constitutionality of those damages. Several lawyers I've talked with have suggested that Judge Nancy Gertner, who presided over the trial, committed reversible error by issuing a directed verdict on the question of infringement. They point to Tenenbaum's answer to a question of admitting liability, arguing this is a conclusion of law and not of fact, and that hence summary ...
Info/Law - http://blogs.law.harvard.edu/infolaw
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