Boston judge cuts penalty in song-sharing case

courtgenericxlcbs Boston judge cuts penalty in song sharing case


A federal judge has drastically trimmed a $675,000 verdict against a Boston University graduate student who was found liable for illegally downloading and sharing songs online.

Judge Nancy Gertner on Friday cut a jury’s damage award against Joel Tenenbaum of Providence, R.I., to $67,500, saying it was “unconstitutionally excessive” and “wholly out-of-proportion.”

Tenenbaum was sued by music companies who said he violated copyright rules.

He admitted downloading songs between 1999 and 2007.

The jury found him liable and assessed the damage award last July.

His lawyers appealed, calling the award “severe” and “oppressive.”

Gertner said the reduced penalty is still severe enough to deter illegal file-sharing and adequately compensate the companies.

A spokeswoman for the plaintiffs said they would appeal the ruling.

Tenenbaum said Friday he was happy Gertner recognized the award is unconstitutional.

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  • Federal Judge: High statutory damages for copyright infringement violate the Eighth Amendment | Fight Copyright Trolls

    […] In Sony v. Tenenbaum, Judge Nancy Gertner in 2010 cut a jury’s damage award against the defendant from $675,000 to $67,500, saying it was “unconstitutionally excessive” […]

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