Tenenbaum Postscript

From Ars Technica:  Massachusetts federal district court judge Nancy Gertner, who presided in the RIAA file-sharing trial of Boston University graduate student Joel Tenenbaum, this week entered default judgments in some file-sharing cases.  Judge Gertner awarded the RIAA statutory damages of $750 per downloaded song, or about $7,500 for each of the defendants who failed to contest the RIAA’s claims. In the Tenenbaum case the jury awarded the RIAA damages of $22,500 per downloaded song, a total of $675,000.   We always say jury trials are a crap shoot.  Tenenbaum’s jury was obviously unsympathetic to him, his counsel, and his argument–such as it was.  Using Gertner’s recent calculation had he failed to contest the RIAA’s claim he would have been ordered to pay damages of $22,500 (30 songs * $750).   And, of course, he could have settled for something in the range of $3-4,000.

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