Intellectual Property Directions

Although it’s been all over the news I thought I’d mention that the Joel Tenenbaum was ruled guilty (based on his admissions in court) of illegally downloading 30 songs. His punishment? Nearly $700,000.

He says he plans to appeal the decision - based on the fair use doctrine - but I think he personally would be better served appealing the sentence.

He did knowingly “steal” the copyrighted music? Sure. I don’t believe for a moment that he didn’t know the record companies wanted and expected payment for each copy of the songs nor do I believe he thought he was making fair use of these songs.

What’s out of whack is the $22,500 penalty per song and the singling out of just a few individuals out of the many thousands who were/are just as culpable.

Sheri Qualters reports in the National Law Journal on Monday that Judge Nancy Gertner dismissed defendant Joel Tenenbaum’s counterclaim argument that the record industry’s lawsuits to stop parties downloading and distributing copyrighted works is an “abuse of process”.

Tenenbaum’s argument, apparently, was that the RIAA campaign is focused at students and other young people who cannot afford attorneys. In particular, of course, Tenenbaum feels cases like his are using a sledgehammer to swat flies in order to strike fear in whole population of individuals unable to defend themselves.

Unfortunately for Tenenbaum, the judge is reported to have stated: “Abuse of process, as the cause of action is defined, does not turn on the identity of the defendants, their ability to hire an attorney, nor their inclination to settle the claims against them.” …  ”Congress has handed the Plaintiffs a massive hammer to combat copyright infringement, and they have chosen to use it. That choice, whether wise or unwise, does not amount to an abuse of process.