Appeals Court Reject's Tenenbaum's Request To Rehear Arguments For Rejecting $675,000 Award For File Sharing

from the no-surprise dept

This one is hardly a surprise. We've been arguing for a while now that the choices by Joel Tenenbaum and his lawyers in his file sharing case haven't made much sense. They've been arguing the case in a manner that basically begs the court to go against them. I really don't understand the legal strategy here at all. Back in September, you may recall, the appeals court reinstated the $675,000 award against him for file sharing 30 songs. That had been the original jury award, that had been unilaterally reduced by the judge in the district court. However, the appeals court noted that the judge basically used the wrong procedure to do this, and had to first give Sony Music the option to redo the case. In other words, the entire issue at this point was a procedural issue. Thus, I can't fathom why Tenenbaum and his legal team again tried to argue on the merits at this stage. It's not the right time for that argument... but they still went ahead and asked to rehear the issue with the full slate of judges on the appeals court. That request has been rejected, as pretty much everyone expected. Even worse, it sounds like Tenenbaum's didn't just not focus on the procedural issue at hand, but also sought to talk about larger issues, like how statutory rates were a way to go after a "generation of kids." Whether or not we agree with that general sentiment, there's a time and place to bring that up... and this wasn't it. What's really dumb here is that this seems to undermine whatever small chance he might have had if the case was argued in good faith.
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Filed Under: appeal, copyright, damages, joel tenenbaum


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  1. identicon
    Anonymous Coward, 19 Nov 2011 @ 12:07pm

    Re: Re: Re:

    "I'd love to see proof of that, as I'm sure many others would."

    I seem to recall recently seeing Mike respond (most likely to you) saying he would gladly show receipts for all his music and movie purchases. Followed immediately by you "disappearing" entirely from the thread at that point. It seems to me you want to see this or that, but when proof is presented that proves you wrong or is about to be presented, you either disappear or ignore it entirely just to continue on your little tirades against Mike, Techdirt and the other posters here in general.

    You know what I would love to see, some kind of thing where we can block a person's comments (all of them) based on the IP address used. An example would be, say I don't want to see ACs (the one I'm replying to) comments, I can just log in (somehow) hit block and it blocks only his comments. And by block I mean it'll still say "click here to view comment" (because otherwise, he'll cry censorship and free speech violations, despite the fact that the comment(s) are still there and can be easily seen if wanted), but I can just ignore them and spare myself and my brain the pain of reading such stupidity.

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