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US file-sharer gets $700,000 fine | US file-sharer gets $700,000 fine |
(about 2 hours later) | |
A US student has been ordered to pay $675,000 (£404,000) to four record labels for breaking copyright laws after sharing music online. | A US student has been ordered to pay $675,000 (£404,000) to four record labels for breaking copyright laws after sharing music online. |
The Boston University student, Joel Tenenbaum, had admitted in court that he had downloaded and distributed 30 songs at issue in the case. | The Boston University student, Joel Tenenbaum, had admitted in court that he had downloaded and distributed 30 songs at issue in the case. |
It is the second such case to go to trial in the US. | It is the second such case to go to trial in the US. |
In the first case, a woman in Minneapolis was ordered to pay $1.92m for sharing 24 songs. | In the first case, a woman in Minneapolis was ordered to pay $1.92m for sharing 24 songs. |
On Friday, the jury ordered Mr Tenebaum to pay $22,500 for each infringement. The maximum that he could have been fined was $4.5m. | On Friday, the jury ordered Mr Tenebaum to pay $22,500 for each infringement. The maximum that he could have been fined was $4.5m. |
Following the ruling, he said he was glad the fine had not been in the millions. | Following the ruling, he said he was glad the fine had not been in the millions. |
"That to me sends a message of 'We considered your side with some legitimacy'," he said, according to the Associated Press news agency. | "That to me sends a message of 'We considered your side with some legitimacy'," he said, according to the Associated Press news agency. |
But his lawyer said the verdict was not fair and that he planned to appeal. | But his lawyer said the verdict was not fair and that he planned to appeal. |
'Loved technology' | 'Loved technology' |
Mr Tenenbaum used a computer at his parents' home and at his college to download and distribute digital files. | Mr Tenenbaum used a computer at his parents' home and at his college to download and distribute digital files. |
It was like this giant library in front of you Joel Tenenbaum | |
Prosecutors working on behalf of the record labels focused on 30 shared songs. | Prosecutors working on behalf of the record labels focused on 30 shared songs. |
Under US law, the recording companies are entitled to $750 to $30,000 per infringement. | Under US law, the recording companies are entitled to $750 to $30,000 per infringement. |
However, the jury can raise the amount to $150,000 per track if it finds the infringements were wilful - a matter that they will debate now that the judge has ruled Mr Tenenbaum violated copyright laws. | However, the jury can raise the amount to $150,000 per track if it finds the infringements were wilful - a matter that they will debate now that the judge has ruled Mr Tenenbaum violated copyright laws. |
In the Minnesota case, the jury awarded $80,000 per song. | In the Minnesota case, the jury awarded $80,000 per song. |
On the stand, Mr Tenenbaum admitted that he had downloaded more than 800 songs since 1999 and that he had lied in pre-trial proceedings when he suggested that other family members of friends may have been responsible for downloading songs to his computer. | On the stand, Mr Tenenbaum admitted that he had downloaded more than 800 songs since 1999 and that he had lied in pre-trial proceedings when he suggested that other family members of friends may have been responsible for downloading songs to his computer. |
"I used the computer. I uploaded, I downloaded music," he told the court under questioning from his own lawyer, Charles Nesson. | "I used the computer. I uploaded, I downloaded music," he told the court under questioning from his own lawyer, Charles Nesson. |
He said he had used Napster and then Kazaa to download the files. | He said he had used Napster and then Kazaa to download the files. |
"It was like this giant library in front of you," he said. | "It was like this giant library in front of you," he said. |
In opening remarks on Tuesday, Mr Tenenbaum's lawyer said he "was a kid who did what kids do and loved technology and loved music". | In opening remarks on Tuesday, Mr Tenenbaum's lawyer said he "was a kid who did what kids do and loved technology and loved music". |
Recording companies had been slow to adapt to the internet, he added. | Recording companies had been slow to adapt to the internet, he added. |
But prosecutors argued that file-sharers take a significant toll on the revenues for artists and others involved in music | But prosecutors argued that file-sharers take a significant toll on the revenues for artists and others involved in music |
'Got off easy' | |
The recording industry has recently changed its tactics in file-sharing cases, preferring to settle quickly for much smaller amounts. | The recording industry has recently changed its tactics in file-sharing cases, preferring to settle quickly for much smaller amounts. |
However, cases such as those against Mr Tenenbaum, which were already filed, are proceeding to trial. | However, cases such as those against Mr Tenenbaum, which were already filed, are proceeding to trial. |
The four recording labels involved in the case are subsidiaries of Universal Music, Warner Music and Sony. | The four recording labels involved in the case are subsidiaries of Universal Music, Warner Music and Sony. |
Kevin Cullen of the Boston Globe said Mr Tenenbaum had "got off easy" compared to the Minnesota case. | |
"I went through the song list of what he was actually convicted of downloading and my favourite one was Beck's Loser," he told BBC News. |