Joel Tenenbaum

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Joel Tenenbaum

Joel Tenenbaum (born December 25, 1983 ) is an American student who was a defendant in a high-profile court case for file sharing . The trial is considered a precedent alongside the Jammie Thomas trial . The case is mainly followed by the American IT specialist press.

Tenenbaum studied physics in graduate studies at Boston University for the purpose of promotion . The RIAA accuses him of downloading a total of 30 pieces of music in the Kazaa exchange in 2004 and offering them for exchange. Charged in court, Tenenbaum turned down an amicable settlement for $ 10,500 . Under The Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 , Tenenbaum could face a court sentence of up to $ 1 million .

The Joel Tenenbaum case was handled by Charles Nesson , a professor at Harvard Law School . Tenenbaum was previously represented by his mother, a lawyer. The case is to be brought to the Supreme Court . The proportionality of the calculation of the compensation is disputed . Almost all pleadings and press releases are made available on the Internet as PDF files. Nesson requested that the negotiations be broadcast live on the Internet on March 30, 2009 . The RIAA tried to prevent that. At the same time, negotiations took place in January 2009 before the Rhode Island Federal Court to prevent the confiscation of the PCs and data of Joel Tenenbaum's parents. In July 2009, judge Nancy Gernter found that she rejected fair use as an argument.

In the US Federal Court in Boston, Massachusetts, the jury recommended that Joel Tenenbaum be sentenced to $ 675,000 in damages.

On January 6, 2010, it was announced that Tenenbaum's defense had requested a new trial. In the June 2010 appeal process, the amount of the damages was revised down to $ 67,500 - one tenth of the original fine. Tenenbaum declared that he could not pay this penalty either.

In September 2011, it was announced that the appellate court had again set an amount of $ 675,000.

A judgment dated August 23, 2012 upheld the $ 675,000 fine. With that, Tenenbaum's legal recourse is likely to have been exhausted, because a hearing at the Supreme Court has not yet taken place.

Individual evidence

  1. ^ Press review ( Memento from May 5, 2009 in the Internet Archive )
  2. Confession in the US file-sharing process. In: Heise.de, July 31, 2009 ( online )
  3. Harvard professor defends in file-sharing case. In: Heise.de , December 29, 2008 ( online )
  4. File-sharing process: US music industry wants to prevent livestream from the courtroom. In: heise.de, January 19, 2009 ( online )
  5. ^ Judge rejects fair use defense as Tenenbaum P2P trial begins. July 27, 2009 ( online )
  6. ^ Judgment in the US file-sharing process. In: Heise.de, August 1, 2009 ( online )
  7. ^ Boston student who admitted downloading, sharing music ordered to pay $ 675,000 to record cos. In: Chicago Tribune , July 31, 2009 ( online ( June 22, 2009 memento in the Internet Archive ))
  8. USA: Convicted in file sharing process wants new procedure. In: Heise.de, January 6, 2010 ( online )
  9. File sharing process - Judge cuts draconian fine. In: Spiegel Online , July 10, 2010 ( online )
  10. ^ Judge slashes penalty in illegal music downloading case. In: Boston Globe , July 9, 2010 ( online )
  11. gulli.com, September 18, 2011 ( online ( memento from January 25, 2013 in the web archive archive.today ))
  12. http://ht4u.net/news/26050_rekordstrafe_gegen_filesharer_durch_us-gericht_bestaetigt

Web links