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July 11, 2010

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Judge cuts copyright fine

A federal judge has drastically cut a US$675,000 verdict against a Boston University graduate student who was found liable for illegally downloading and sharing 30 songs online.

Judge Nancy Gertner said on Friday the jury damage award against a person who gained no financial benefit from his copyright infringement was "unconstitutionally excessive."

Joel Tenenbaum, from Providence, Rhode Island, was sued by some of the largest music companies who said he violated copyright rules.

He admitted in court to downloading songs between 1999 and 2007. The jury found him liable and assessed the damages award last July.

His lawyers appealed, calling the award "severe" and "oppressive" and asking the court for a new trial or reduced damages.

Judge Gertner cut the damages award to US$67,500 -- three times the statutory minimum -- and said the new amount "not only adequately compensates the plaintiffs for the relatively minor harm that Tenenbaum caused them; it sends a strong message that those who exploit peer-to-peer networks to unlawfully download and distribute copyrighted works run the risk of substantial damages awards."

Gertner also denied Tenenbaum's request for a new trial.



 

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