Appeals Ruling
You may have come here looking for our position on the appeals court’s ruling last.
As you may recall, a jury in 2009 decided that I should pay $675,000, or $22,500 per song, for making songs available on KaZaA in the early 2000s.
Post-trial, we filed a motion asking Judge Gertner to reduce the damages amount to something less excessive — and something not as outrageously unconstitutional as nearly a quarter of a million dollars. Just as a point of reference, Joseph Hazelwood, the captain of the Exxon Valdez during its 1989 oil spill, drunk at the time of the accident, was fined $50,000. George Harrison, sued for plagiarism of his hit single ‘My Sweet Lord,’ was fined just $587,000.00.
Judge Gertner, agreeing that nearly three quarters of a million dollars was absurd, reduced the damages to $67,500.
The recent decision by the appeals court has reinstated the jury’s verdict, effectively dismissing Judge Gertner’s opinion as a seasoned and experienced judge.
As a graduate student, neither $67,500 nor $675,000 is affordable to me. But the fight is far from over. This case is as much about what happens in the courtroom as it is about bringing the issue to the forefront.
I’m glad and grateful for all the support I’ve gotten from my family, friends, Professor Nesson, Fern, Debbie, Jason, all the students who’ve worked on the case, and you, for your thoughtful comments.
–Joel
So you think you can just BANKRUPT the debt if you lose?
Guess again.
DISCLAIMER: I am not an attorney, so ask one for confirmation of the following.
Under the new bankruptcy law passed in 2005, debts incurred due to the “willful and malicious injury to persons or property” CANNOT BE DISCHARGED IN BANKRUPTY, not even in chapter 13.
I produce content myself, and sell it. Do you think I’m some big, evil media conglomerate? No, that’s my SURVIVAL MONEY people STEAL when they download my work. Ever wonder why music stinks today? Pirates are removing the financial incentive. It’s as if they think producers should work for free; they are destroying the fabric of the system that used to deliver great content.
The FINANCIAL DEATH PENALTY of the new bankruptcy law was designed to make it impossible for people to skate away after harming others or their property. I hope your attorney has advised you of this consequence, because you may be spending the rest of your life in Chapter 13, with just enough money for living expenses, and if you ask me, you’d deserve it, for STEALING (piracy is stealing).
Perhaps when it becomes known that these debts survive bankruptcy, pirates will get a clue and stop their conduct. It’s simple:
1. If you like something enough to listen to (or watch) it, PAY FOR IT.
2. If you don’t like it, or think it’s worthless, DO NOT DOWNLOAD IT.
Very, VERY simple.
Oh, and there is also a CRIMINAL law that allows for prosecution and up to five years in PRISON for illegally downloading, EVEN WITHOUT A PROFIT MOTIVE.
These laws are necessary because internet users think that just because this CRIME can easily be committed, that they have a right to commit it.
DId you say “BRING IT ON!” to the record companies? They have. Happy?
I sure am.
“Fight” implies that you are doing something right.
STEALING the hard work of others is not right. If you don’t like record companies, don’t buy their music, simple.
With all due respect to Joel, I don’t think the true issue here is whether downloading copyrighted material without license is legal or not - it’s not. The issue is that the penalties assessed for this minor crime are draconian, especially when compared to fines assessed for more serious crimes.
@Ray Gordon
Really? You said it best and should have just stopped there when you reached, “DISCLAIMER: I am not an attorney, so ask one for confirmation of the following.”
Also, you don’t find it odd that it’s over twenty two thousand dollars per song? You must love getting bent over. You’re part of the reason this country is turning the way it is.
Price fixing music sales, abusing the DMCA and generally just all kinds of douche baggery. The fact that they have enough say to get laws passed to send people to prison for such things is ridiculous. Seriously?
People are out there selling crack to school children, murdering, robbing and raping but who cares, we have to stop those jerks from “stealing” music. Do the artists even see any of this money? I doubt it because the RIAA is sinking millions upon millions of dollars in the lawsuits to get maybe 2% of that money back. Don’t believe me? Between 2007 to 2009, the RIAA spent over $64 million. Guess how much they totaled from the lawsuits… $1.4 million…
What do I know? I’m just someone stuck in the middle of all this garbage while people like the RIAA dictate how this country is ran. How about we take back our country and get these corporations out of the government who are only looking out for themselves and their profit margin.
Also, anyone spending money on your work or even “stealing” it should be sued for stupidity. You appear to be another money hungry douche bag trying to make as much money off of stupid people on the internet as you can.
Maybe I’m wrong but I call it like I see it. You want to talk bad about people hopefully, you can handle it coming back at you.
@Peter, Ray just wants to be able to sell books about picking up women (see his website) without worrying about terrible people like Joel ripping off his valuable content.
Good job Joel! The fines are RIDICULOUS, both cruel and unusual and the punishment does not fit the crime. It would be analogous to “a life for an eye.” The RIAA thinks they are the old testament god - I’m crossing my fingers for you!
As for ray gordon - “producing content” is the nicest thing one could say about his “writing.”
@ Sam and Peter and brooke
“Ray Gordon” is a troll. How do we even know that he’s the actual Ray Gordon?
A country that doesn’t allow their people to share what they know, is a country that will have only ignorants in the future…
What up Mr. Tenenbaum? How’s the case going? What do you do when you’re not being sued by the RIAA? Did you mention that it’s erroneous to charge any more than $5 per song? Heard of Jammie Thomas? Does the RIAA know that no matter what file sharing will continue due to the advent of technology?
P.S. The purpose of copyright law was that no one else could PROFIT from making copies. Anyone hear of taping music and TV shows? Aren’t most of you that old? (NO offense) I don’t see how BitTorrent and Limewire and such are any different.
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herp derp.
d/l initiated.
who’s roy Geardon?
lol
i m delighted i came throughout it.
see jamel spaz above ;>)
It’s 2 months into 2012. Any updates?