Earlier this month, Tenenbaum was convicted of sharing 20 songs via file sharing networks such as Limewire and Kazaa and a jury ruled he owed the RIAA and media companies $675,000 USD.
The FAQ, entitled, FAQs: what did you do, why so much, and what now? explains what the convicted file sharer did, why the giant sum, and what his plans for an appeal are.
Says the page:
Q: What did you do with 30 songs that got you nailed?
A: I downloaded them and shared them on Kazaa. They also proved in court (because I admitted it) that I used Limewire, iMesh, Morpheus, Napster, and Audiogalaxy, but it doesn’t matter.
Q: Isn’t that a huge friggin’ number just for that?
A: The RIAA and the Judge in this case succeeded in convincing the jury that the DMCA act of 1999 (http://www.copyright.gov/title17/92chap5.html) should be applied here. The ranges specified are:
(1) $750-$30,000 per song
(2) $750-$150,000 per song if the infringement was “willful”
The jury decided to go to the lower end of willful and chose $22,500 a song.
Q: So are you challenging this?
A: I think the plan is to appeal to Judge Gertner to adjust the damages. She seemed itching to want to do this for a while. After that we can appeal on the basis that our Fair Use argument was wrongfully dismissed by the court.
Q: If the $675,000 stands?
A: I declare bankruptcy.
Q: Why did you share them? Why didn’t you just enjoy them yourself?!
A: Art is meant to be shared. For more info, please read John Perry Barlow’s beautifully written (of The Grateful Dead) expert report, points 3 and 4. Barlow
Q: Come on, don’t you want the artists to be paid?
A: More than anything. They take the time to learn an instrument, spend the money to get the equipment, and then they pour themselves so completely into their expression. The artists are what matter and 2/3 of them don’t see file sharing as a threat. Just read what Trent Reznor of Nine Inch Nails has said on this.
Written by: Andre Yoskowitz @ 10 Aug 2009 22:30
