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For Tenenbaum, It's All Over But the Damages

Following up on my post earlier this week about the music-downloading trial of Joel Tenenbaum underway in federal court in Boston, there has been a major development. Late last night, U.S. District Judge Nancy Gertner said she would order a directed verdict against Tenenbaum on his liability for copyright infringement. That leaves the jury to decide only the amount of damages he will have to pay and whether his infringement was willful.

Her decision came after Tenenbaum's direct examination by the record companies' lawyer. Asked whether he was admitting liability for downloading and distributing all 30 songs at issue in the case, he answered "yes." Even though Tenenbaum's lawyers argued that he did not understand the implications of his answer, Gertner wrote: "Notwithstanding the protestations of Tenenbaum's counsel, Tenenbaum's statement plainly admits liability on both downloading and distributing, does so in the very language of the statute (no 'making available' ambiguity) and does so with respect to each and every sound recording at issue here."

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Posted by Robert J. Ambrogi on July 31, 2009 at 02:31 PM | Permalink | Comments (1)


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