30 songs, $675,000: Court won't reduce student's download fine

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30 songs, $675,000: Court won't reduce student's download fine

WASHINGTON (AP) -- The Supreme Court has refused to take up a Boston University student's constitutional challenge to a $675,000 penalty for illegally downloading 30 songs and sharing them on the Internet.

The high court on Monday refused to hear an appeal from Joel Tenenbaum, of Providence, R.I., who was successfully sued by the Recording Industry Association of America for illegally sharing music on peer-to-peer networks. In 2009, a jury ordered Tenenbaum to pay $675,000, or $22,500 for each song he illegally downloaded and shared.

A federal judge called that unconstitutionally excessive, but the 1st U.S. Circuit Court of Appeals in Boston reinstated the penalty at the request of Sony BMG Music Entertainment, Warner Brothers Records Inc. and other record labels represented by the RIAA.

The judge will have a new opportunity to look at the case and could again order the penalty reduced, using different legal reasoning.

Chief Justice John Roberts and Justice Stephen Breyer did not participate in the high court's consideration of the case.

Court won't reduce student's music download fine - Yahoo! News
  • Profile picture of the author Doran Peck
    I'm all for it. I believe the punishments for all laws should be 10 to 20 times worse then the crime. Its the only way to eventually weed out the temptation to commit crimes or try to sneak past laws... in the first place.

    A zero tolerance policy is the only way it will work in the end.

    If people knew, if they got caught breaking the law...that their only choices were either they will lose their life, or they will lose almost everything they have in life...then making the choice to commit a crime and defraud people, or not, would be an easy one. They simply wouldnt do it.
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    • Profile picture of the author MissTerraK
      Originally Posted by Doran Peck View Post

      I'm all for it. I believe the punishments for all laws should be 10 to 20 times worse then the crime. Its the only way to eventually weed out the temptation to commit crimes or try to sneak past laws... in the first place.

      A zero tolerance policy is the only way it will work in the end.

      If people knew, if they got caught breaking the law...that their only choices were either they will lose their life, or they will lose almost everything they have in life...then making the choice to commit a crime and defraud people, or not, would be an easy one. They simply wouldnt do it.
      I can't agree with that at all. To some, it is the thrill of committing the crime that is the determining factor.

      You don't think serial killers and rapists have been deterred because of any new penalty for committing those crimes, do you?

      A sick mind is a sick mind regardless of any law.

      Anyway, in this case the only sick mind involved, is the judge that upheld that outrageous penalty for a poor judgement and bad decision.

      It's time for a reality check in this case, for sure!

      Terra
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  • Profile picture of the author KimW
    A zero tolerance never works and the only instance I think it should apply is in cases of "no doubt of guilt" murderers.

    If your stance is that the punishment should be 10-20 times worse than the crime, then the student should be paying about $300. 30 songs at $1 a piece. That's close to the price of a song off ITunes.

    History has already proven your theory wrong though:
    "If people knew, if they got caught breaking the law...that their only choices were either they will lose their life, or they will lose almost everything they have in life...then making the choice to commit a crime and defraud people, or not, would be an easy one. They simply wouldnt do it."

    There are some people that are just evil and are going to do anything they want.

    There are also people that are driven to crime by circumstance.
    If someone has to steal to eat, they have probably already lost almost everything thay had in life as it is.
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  • Profile picture of the author HeySal
    Anyone remember a few years back the guy in China that defrauded people out of some-odd millions of dollars in an online (I believe it was online) scam and got the death penalty? How many people's lives did that guy ruin? Hard to say, I don't remember all I read, but in some places they kill you for crimes. Not gonna say I approve of that....but...

    Ya just know already that this guy isn't going to be able to come up with that kind of cash. The music industry and justice offices may be making a point with fines this stiff........but they ALL KNOW the guy won't be able to pay them. So what is ultimately going to happen to this guy? Is he going to rot in jail for non-payment of debt or will he just have warrants continually issued for him so every time he moves he will be racking up more infractions? ("Sorry to stop you tonight, sir, but I see you have a tail-light out").

    I understand that deterrents are needed. But I don't understand what is fixed or what good it does when the deterrent is posted so freaking high that people CAN'T pay the retribution no matter how long they live. The guy committed a non-violent crime, made a mistake whether intentional or non-intentional, he screwed up. He's going to never be free of it. He can't pay restitution, he can't just be deemed guilty, be punished, learn a lesson, and get back with life on a more honest keel. He is going to pay for this crime for the rest of his life - poverty, jail, continual warrants for non-payment. Even someone who kills someone usually gets a chance to live normally again after paying for the crime and having a chance at rehab.

    Was he even a hard-core criminal?

    Just as Kim pointed out - hard-core criminals are going to commit crimes no matter what the law is. Some states here have death penalties for murder. They still have people murdering people, though. In the mind of the psychotic, eventuality and consequences do not exist.
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  • Profile picture of the author KimW
    Sal,
    You are right.The government knows most citizens will never be able to pay a fine that size.
    Yet you have corporations that are literally poisoning us every day and they throw money and perks at those companies.

    As it is right now, we have a lot of innocent people in our criminal system that shouldn't be and the crooks running the country.
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  • Profile picture of the author thunderbird
    That punishment is extreme and ridiculous. I sure don't condone it. It is basically a cowardly bully going after the small guys because he's scared of the big guys who commit crimes that actually harm people (Wall Street). It looks like an excuse for repressing someone who's already targeted for something else, like arresting someone for jaywalking.
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  • Profile picture of the author KimW
    Absolutely right T-Bird.
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  • Profile picture of the author Halcyon
    It's one thing to face stiff punishment for a crime and quite another to be made example of. The Music industry hoped that these outrageous penalties would deter other illegal file sharing but I don't think it has. It's like trying to stop salmon from swimming up stream by eating a few. Not going to work because for every 1 you eat there's another 10 ready to take their place.

    So now this kid is royally screwed and for what? Other than in his immediate circle, I doubt his experience will have much of an effect on anyone else. The judge's kid probably has a few illegal downloads.
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  • Profile picture of the author hardraysnight
    that guy sure has expensive taste in music
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  • Profile picture of the author mojojuju
    This is why I shoplift from the CD store at the mall.
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    • Profile picture of the author Joseph Robinson
      Banned
      Originally Posted by mojojuju View Post

      This is why I shoplift from the CD store at the mall.
      Well we know this is a lie because CD stores don't exist anymore. Malls either for that matter, or is that just here in Orlando?
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      • Profile picture of the author mojojuju
        Originally Posted by Joe Robinson View Post

        Well we know this is a lie because CD stores don't exist anymore. Malls either for that matter, or is that just here in Orlando?
        CD stores do exist. I thought they'd all die out long ago, but nope, they exist. Also Walmart, Target and other such stores still sell CDs. And btw, malls still exist, even in Orlando.
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      • Profile picture of the author MissTerraK
        Originally Posted by Joe Robinson View Post

        Well we know this is a lie because CD stores don't exist anymore. Malls either for that matter, or is that just here in Orlando?
        Joe,

        Ever hear of For Your Entertainment, more commonly known as FYE?

        They specialize in CDs, DVDs, Games and more.

        They even have one in Orlando.

        FYE #1201
        4200 Conroy Road
        Orlando, FL 32839 -2406
        (407) 345-9804


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        • Profile picture of the author Joseph Robinson
          Banned
          Originally Posted by mojojuju View Post

          CD stores do exist. I thought they'd all die out long ago, but nope, they exist. Also Walmart, Target and other such stores still sell CDs. And btw, malls still exist, even in Orlando.
          Just the stuffy ones like Millenia. I miss Fashion Square. It's 3/4 empty . And West Oaks, the mall of my childhood? Abandoned.

          Originally Posted by MissTerraK View Post

          Joe,

          Ever hear of For Your Entertainment, more commonly known as FYE?

          They specialize in CDs, DVDs, Games and more.

          They even have one in Orlando.

          FYE #1201
          4200 Conroy Road
          Orlando, FL 32839 -2406
          (407) 345-9804


          I've never been down Conroy (not my side of town ); but I was familiar with FYE until about '09-'10.

          Wait...why am I working so hard to defend what was meant as a bad joke in the first place?

          I need a drink.
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          • Profile picture of the author MissTerraK
            Originally Posted by Joe Robinson View Post

            Just the stuffy ones like Millenia. I miss Fashion Square. It's 3/4 empty . And West Oaks, the mall of my childhood? Abandoned.



            I've never been down Conroy (not my side of town ); but I was familiar with FYE until about '09-'10.

            Wait...why am I working so hard to defend what was meant as a bad joke in the first place?

            I need a drink.
            Joe,

            I knew you were kidding and so was I when I made my post. Why don't people get us?

            As for the drink,

            Cheers, Bottoms up and all the other toasts I can't think of right now, haha!

            Terra
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  • Profile picture of the author KimW
    Considering a 45 RPM record was a dollar back in the late 60s and early 70s and it had 2 songs on it, imo 99 cents to $1.30 for a song 30-40 years later is a bargain.
    I have no problem buying my music,or transfering it from vinyl to Cds.
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  • Profile picture of the author Lori Kelly
    That's certainly a huge fine and extremely excessive. Appears the music industry is trying to make a statement by setting a precedent that will deter people from stealing music. And that's what it is: stealing.

    If this is a civil case, the kid might be able to file bankruptcy and he won't end up paying anything.

    I would guess that this person has learned his lesson and won't be downloading songs in the future without paying for them. Court is a scary place to be.

    If this was a case involving a corporation, that's what the big boys do - file BK and emerge the next day under another name to continue their corrupt practices.

    No need to tell me that this kid filing BK isn't right, I'm simply making an observation and I don't know if he is even eligible for filing.
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  • Profile picture of the author KimW
    Lori,
    First, just to let you know, this case is a few years old, this is not a new thing.

    I assume by BK you mean bankruptcy?

    I would have no problem with the kid doing that but you can't get out of certain things under bankruptcy,and I'm pretty sure a fine like this would be one of those things.
    I'm no expert on this though.
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  • Profile picture of the author Dennis Gaskill
    I agree in making the crime hurt some, but this is way over the top excessive, IMO. I also doubt if making an example out of this guy will stop anyone else ... if anything, my guess is it will turn even more people against the RIAA and the music industry.
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  • Profile picture of the author KimW
    Malls are definitely still big,though changing, seems a lot are now calling themselves "outdoor" malls.
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  • Profile picture of the author KimW
    Originally Posted by Greg Wildermuth View Post

    Y'know, I don't see what the big deal is about downloading music illegally. I've got a band and somebody asked me once, 'What if a bunch of people were getting your album for free?' I was like, 'Well, they'd hear my band. I'd get exposure. Some of them would buy it because they want the actual album. We could set up a tour and play and those folks would come out.'

    I'd rather they buy it, of course. But why don't they bust the free sharing sites or the users' account instead of slapping them with ridiculous fines?
    You see that word illegally?
    That pretty much sums the problem up.

    But if you want to give it away, give it away,but if you want to sell it then don't say stealing is ok.
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  • Profile picture of the author AprilCT
    That's just excessive and way over the top. The lawyers in the case were probably jumping for joy to get their fees for winning.

    The kids that are dumb enough to download and share illegally are small potatoes compared to real criminals that often get off easy.

    I'd rather see effort put into taking out real criminals instead of trashing a young kid's life for their stupidity.

    I don't condone stealing another's property, but for a company to steal through the court system is worse. They and their lawyers need to become human beings instead of leeches.
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  • Profile picture of the author KimW
    I agree Ken.That's why self published/self produced/self marketed bands are the way of the future. Go directly from the source to the consumer.
    Greg, you want people to hear your music? Do what the big places do, offer a 30 second sample...
    Then sell them the whole song.
    My nephew and his band just got a song on ITunes. They aren't going to make a fortune from doing that,but they can get a lot of exposure they didn't have before.
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  • Profile picture of the author KimW
    Let me answer for ya then Joe.
    We have FYE here in our local mall but I have found them more expensive than other places.Unless its something you HAVE to have immediately,then you're better off shopping elsewhere.
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  • Profile picture of the author KimW
    I don't know Terra, I usually get most jokes, but some ,well, I don't know.....


    Greg,
    If you're band is any good you are bound to get some of your music stolen, it's been going on long before the internet.Back when Vinyl was the medium of choice people would sneak tape recorders in to music venues and tape whole shows then transwer to vinyl and bootleg them.
    I was just trying to say don't condone illegal activity just because you know it's going to happen anyway. Make sense?
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    • Profile picture of the author MissTerraK
      Originally Posted by KimW View Post

      I don't know Terra, I usually get most jokes, but some ,well, I don't know.....
      It goes something like this, Kim.

      It takes a lame joker to recognize a lame joke, or something like that, haha!

      Terra
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  • Profile picture of the author hardraysnight
    so, are bootlegs the same or different to so-called piracy?
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  • Profile picture of the author hardraysnight
    is it legal, to record from vinyl to cd, or any other media, even for your own personal use?
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    • Profile picture of the author KimW
      Originally Posted by oncewerewarriors View Post

      so, are bootlegs the same or different to so-called piracy?
      Bootlegs were the same as piracy,but back in the day much harder to catch I feel. It was pretty much like scoring illegal substances....you know, "I have a friend of a friend that can get you a copy of the latest Dead concert....."

      Originally Posted by Greg Wildermuth View Post

      Kim, I think I just thanked you instead of quoting you... well, thanks.

      Anyway, I get your point about it being illegal. So, people used to actually press vinyl of bootlegs?? When I was a kid back in the dark ages of the 80s (no cds!!), there were always bootleg tapes floating around. Wow, people had to work a lot harder to rip off music then.
      Thanks for the Thanks.
      Tapes were definitely more common, but yes,there were bootleg vinyl made too.


      Originally Posted by oncewerewarriors View Post

      is it legal, to record from vinyl to cd, or any other media, even for your own personal use?
      I'm pretty sure it IS legal to duplicate for your own personal use.
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