How Team Tenenbaum missed a chance to shape P2P fair use law

7 12 2009

Federal judge Nancy Gertner today officially brought down the tent on the Joel Tenenbaum P2P Big Top World ‘O Fun, all but admitting that she would have given Tenenbaum’s arguments about “fair use” a truly sympathetic hearing were it not for the shoddy behavior of his legal team. What could have turned into a watershed case instead became another statutory crucifixion, with Gertner finally entering the jury’s $675,000 verdict against the young file-swapper whose defense crashed down with an in-court admission that he had been lying all along.

Gertner signed off the jury’s damage amounts, which means that Sony BMG is entitled to $112,500, Warner Bros. gets $225,000, Arista Records gets $45,000, and Universal picks up $292,500.

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