Joel Tenenbaum

RIAA Seeks Injunction Against Convicted File-Swapper

Authored by Mark Hefflinger on September 4, 2009 - 7:46am.

Boston - The Recording Industry Association of America (RIAA) is seeking an injunction against Joel Tenenbaum, who was recently convicted of copyright infringement on a file-sharing network and ordered to pay $675,000 in damages, that would prohibit him from committing further infringements, Ars Technica reports. They argue that Tenenbaum continued to use file-sharing networks even after being sued in federal court, and continues to promote copyright infringement because The Pirate Bay recently featured a 30-song sampler called "DJ Joel: The $675,000 Mixtape." The RIAA is similarly seeking an injunction against convicted file-swapper Jammie Thomas-Rasset, who was ordered to pay $1.92 million in damages.

Harvard Law's Charles Nesson to Appeal File-Sharing Damages

Authored by Mark Hefflinger on August 11, 2009 - 12:32pm.

Boston - The New York Times and Ars Technica both published interviews on Tuesday with Charles Nesson, the Harvard Law professor who failed to get admitted file-swapper Joel Tenenbaum off the hook from copyright infringement charges brought by the major record labels. A federal judge declared Tenenbaum guilty, after which a jury ordered him to pay the labels $675,000 in damages. Nesson told The Times he is "counting on winning on appeal," will ask for a reduced penalty at an upcoming hearing, and still plans on pursuing a class action suit against the labels over their litigation campaign against file-swappers.

Jury Orders File-Swapper to Pay Record Labels $675,000

Authored by Mark Hefflinger on August 3, 2009 - 7:34am.

Boston - A federal jury has ordered convicted file-swapper Joel Tenenbaum to pay the major record labels $675,000 in damages, after he admitted in court to having shared 30 of their copyrighted songs on file-sharing networks. Tenenbaum, who could have faced damages as high as $4.5 million under the law, will instead pay $22,500 per song shared -- a sum he said will lead him to file for bankruptcy if it stands.

Judge Finds File-Swapper Guilty; Jury to Determine Damages

Authored by Mark Hefflinger on July 31, 2009 - 4:54am.

Boston - After the defendant admitted his guilt in open court on Thursday, a federal judge has ruled that Boston grad student Joel Tenenbaum committed copyright infringement on a file-sharing network, leaving the jury to decide whether his infringement was "willful," and determine the amount of monetary damages he will pay the recording industry. Should the jury find that Tenenbaum willfully infringed Sony Music's copyrights on 30 songs, he could be liable for up to $4.5 million in damages.

Accused File-Swapper Tenenbaum Admits Guilt at Trial

Authored by Mark Hefflinger on July 30, 2009 - 11:51am.

Boston - Accused file-swapper Joel Tenebaum admitted in court on Thursday that he did in fact offer songs for upload via his Kazaa file-sharing network account, according to published reports. It seems likely now that Tenenbaum's defense in the copyright infringement case brought by the recording industry will hinge on the damages he will have to pay. Tenenbaum's attorney, Harvard Law professor Charles Nesson, has argued that the $150,000-per-song maximum damage award under the law is unconstitutionally high, and does not reflect actual damages suffered by the labels.

Trial of Accused File-Swapper Underway in Boston

Authored by Mark Hefflinger on July 29, 2009 - 11:59am.

Boston - Harvard Law professor Charles Nesson argued in court on Tuesday that grad student Joel Tenenbaum was among "millions" of Americans who downloaded songs for free on file-sharing networks, during Tenebaum's trial on charges of copyright infringement brought by major record label Sony Music, Ars Technica reported. The record industry produced witnesses, including Tenenbaum's own father, who recounted Joel showing him how Kazaa worked, or denied having used Kazaa on Joel's computer. Tenenbaum himself was expected to take the stand on Wednesday.

Judge Rejects 'Fair Use' Defense in Tenenbaum File-Sharing Case

Authored by Mark Hefflinger on July 27, 2009 - 9:43am.

Boston - U.S. District Judge Nancy Gertner has rejected an accused file-swappers motion to argue 'fair use' of the copyrighted songs he allegedly shared on a peer-to-peer network, according to the Recording Industry vs. The People blog.

Judge to Allow MediaSentry Evidence in File-Sharing Trial

Authored by Mark Hefflinger on July 22, 2009 - 11:57am.

Boston - A federal judge has denied accused file-swapper Joel Tenenbaum's motion to suppress evidence from MediaSentry, the firm hired by the Recording Industry Association of America (RIAA) to monitor file-sharing and help identify suspected copyright infringers, according to the Recording Industry vs. The People blog. The judge rejected claims from Tenenbaum's attorney, Harvard Law professor Charles Nesson, that MediaSentry was not registered as a private investigator in Massachusetts, and that it violated federal wiretapping laws -- citing a number of previous file-sharing cases where similar claims were rejected.

RIAA Asks Judge to Sanction Harvard P2P Lawyer

Authored by Mark Hefflinger on July 7, 2009 - 8:53am.

Boston - The Recording Industry Association of America (RIAA) has asked a federal court judge to sanction the attorney representing a defendant accused of illegal file-sharing, over his posting "unauthorized and illegal" recordings of pretrial court proceedings, Wired.com reported.

Harvard Law Prof. Admonished by Judge in File-Sharing Case

Authored by Mark Hefflinger on June 18, 2009 - 12:37pm.

Boston - Harvard Law professor Charles Nesson, who is defending Boston student Joel Tenenbaum against charges of copyright infringement on a file-sharing network by Sony (NYSE: SNE), has been admonished by the judge for some of his legal tactics, Ars Technica reported.

Judge Denies Stay of P2P Trial for Supreme Court Opinion

Authored by Mark Hefflinger on June 3, 2009 - 12:29pm.

Boston - U.S. District Court Judge Nancy Gertner has denied a petition from the attorneys of accused file-swapper Joel Tenenbaum to stay the proceedings against him while their appeal to the U.S. Supreme Court to have the trial webcast live is reviewed, according to a post on the Recording Industry vs. the People blog. The defense team must now seek a stay directly from the U.S. Supreme Court if it still wishes to delay the proceedings. A federal appeals court recently ruled that local law prohibits webcasts of such proceedings.

Supreme Court Asked to Overturn RIAA Trial Webcast Ban

Authored by Mark Hefflinger on June 2, 2009 - 1:56pm.

Boston - Attorneys for accused file-swapper Joel Tenenbaum have petitioned the U.S. Supreme Court to review a case that upheld a ban on the Internet webcast of district court proceedings. The petition is based on the First and Fifth Amendments, and asks whether the ban on webcasting "impermissibly restrict(s) the judicial power vested in federal district court judges by the Constitution and creational statutes." Tenenbaum, who is being represented by Harvard Law professor Charles Nesson, has moved for a stay of all proceedings in the district court, pending the Supreme Court's review.

Sony v. Tenebaum File-Sharing Case Gets July 20 Trial Date

Authored by Mark Hefflinger on May 29, 2009 - 11:43am.

Boston - A trial date of July 20 has been set for the case of Sony (NYSE: SNE) BMG Music Entertainment v. Tenenbaum, in which Boston student Joel Tenenbaum is accused of copyright infringement on a file-sharing network, according to the Recording Industry vs. the People blog. Tenenbaum's legal team, led by Harvard Law professor Charles Neeson, was denied a petition to webcast the proceedings. Neeson is countersuing alleging that copyright damages are unconstitutionally high, and that such lawsuits should be heard in criminal, not civil court.

Lawyer Seeks Rehearing of Ruling Denying RIAA Trial Webcast

Authored by Mark Hefflinger on April 27, 2009 - 8:58am.

Boston - The Harvard Law professor defending an accused file-swapper, whose request to have the trial webcast live was denied by First Circuit Court of Appeals, has petitioned for an en banc review of that ruling before the entire court. The hearing in question is set to take place on April 30, so Prof. Charles Nesson and his law students have also now asked the court to stay the hearing.

Appeals Court Prohibits RIAA Trial Webcast

Authored by Mark Hefflinger on April 16, 2009 - 10:35am.

Boston - The 1st U.S. Circuit Court of Appeals has overturned a trial judge's ruling that would have allowed the trial of a man accused of copyright infringement on file-sharing networks by the Recording Industry Association of America (RIAA) to be webcast live on the Internet. Harvard Law professor Charles Neeson, representing accused file-swapper and Boston student Joel Tenenbaum, made the request that the trial be made available online, due to the public interest in such file-sharing litigation.

Report: Radiohead May Testify at Accused File-Swapper's Trial

Authored by Mark Hefflinger on April 6, 2009 - 10:48am.

Boston - Members of the band Radiohead may be among those testifying at the trial of an accused file-swapper being defended by a Harvard Law School professor and his students, TorrentFreak reported.

Obama Justice Dept. Sides With RIAA in File-sharing Lawsuit

Authored by Mark Hefflinger on March 23, 2009 - 9:28am.

Washington - The Obama administration's Justice Department has weighed in on the side of the major record labels in a federal lawsuit where an accused music file-swapper has argued that current law providing for $150,000 in damages per copyright violation is "punitive," CNET News.com reported. Harvard law professor Charles Neeson and his students are arguing in the case of Joel Tenenbaum -- a student accused of sharing music on file-sharing networks -- that current copyright law provides for damages so excessive that they violate due process rights, and are therefore unconstitutional.

Appeals Court to Hear Arguments on Webcast of RIAA Trial

Authored by Mark Hefflinger on February 19, 2009 - 12:06pm.

Boston - A federal appeals court has solicited oral arguments to help guide its decision of whether to allow the trial of an accused music file-swapper to be broadcast on the Internet, p2pnet.net reported.

News Organizations File Brief in Support of RIAA Trial Webcast

Authored by Mark Hefflinger on February 2, 2009 - 12:31pm.

Boston - A group of 14 news organizations that includes the Associated Press, New York Times Co., Dow Jones and NBC Universal has submitted a "friend of the court" brief urging a judge to allow the trial of an accused music file-swapper to be broadcast on the Internet, the Associated Press reported.

RIAA Appeals Webcast of File-Swapper Trial; Stay Granted

Authored by Mark Hefflinger on January 21, 2009 - 11:23am.

Boston - A federal judge has postponed what would have been the first proceedings in the recording industry's lawsuit campaign against file-swappers to have been streamed live online, agreeing to allow the 1st Circuit Court of Appeals to hear objections from the Recording Industry Association of America (RIAA). The RIAA argued in its petition to block the webcast that "the broadcast will be readily subject to editing and manipulation by any reasonable tech-savvy individual," and that the website of the Berkman Center for Internet & Society at Harvard, which would play host to the video stream, contains "propaganda" regarding the case.

RIAA Seeks Injunction Against Convicted File-Swapper

Harvard Law's Charles Nesson to Appeal File-Sharing Damages

Jury Orders File-Swapper to Pay Record Labels $675,000

Judge Finds File-Swapper Guilty; Jury to Determine Damages

Accused File-Swapper Tenenbaum Admits Guilt at Trial

Trial of Accused File-Swapper Underway in Boston

Judge Rejects 'Fair Use' Defense in Tenenbaum File-Sharing Case

Judge to Allow MediaSentry Evidence in File-Sharing Trial

RIAA Asks Judge to Sanction Harvard P2P Lawyer

Harvard Law Prof. Admonished by Judge in File-Sharing Case

Judge Denies Stay of P2P Trial for Supreme Court Opinion

Supreme Court Asked to Overturn RIAA Trial Webcast Ban

Sony v. Tenebaum File-Sharing Case Gets July 20 Trial Date

Lawyer Seeks Rehearing of Ruling Denying RIAA Trial Webcast

Appeals Court Prohibits RIAA Trial Webcast

Report: Radiohead May Testify at Accused File-Swapper's Trial

Obama Justice Dept. Sides With RIAA in File-sharing Lawsuit

Appeals Court to Hear Arguments on Webcast of RIAA Trial

News Organizations File Brief in Support of RIAA Trial Webcast

RIAA Appeals Webcast of File-Swapper Trial; Stay Granted

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