$675,000 Downloading Fine

2009-07-31 by DaveyBoy EMERITUS | 135 Comments
After he admitted to illegally downloading & sharing music online, Joel Tenenbaum - a Boston University graduate student from Providence, Rhode Island - has been ordered to pay $675,000 to 4 record labels by a federal jury in Boston.

Tenenbaum admitted to downloading & distributing 30 songs and under federal law, the recording companies were entitled to $750 - $30,000 per infringement. But if the infringements were found to be "willful", then the law allows as much as $150,000 per track. The maximum jurors could have awarded in Tenenbaum's case was $4.5 million. The Jurors ordered Tenenbaum to pay $22,500 for each download.

Full story with quotes: http://news.yahoo.com/s/ap/us_tec_music_downloading

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Comments:Add a Comment 
Against Miik!
August 1st 2009
215 Comments


Dude should file for bankruptcy. It will only take about 10 years to recover from that, but he'll be paying this thing off his whole life. Even if he profited from these songs (which he didn't), the sentence, an essential lifetime punishment, seems little steep. This kid didn't do anything sinister, there were no bad intentions.

If anything, he should get sued for the value of the songs. I understand they have to take into account the sharing aspect, but that seems flimsy.

atrink
August 1st 2009
2855 Comments


oh my. i would owe so much money

DaveyBoy
Emeritus
August 1st 2009
22503 Comments


30 songs though. That's a lot!!!

Capital punishment maybe?

theacademy
Staff Reviewer
August 1st 2009
31878 Comments


if they're gonna do it, they should just prosecute more people for smaller fines, like the price to buy the songs online...im always opposed to making an example of people

also, they should release the other names on that 2003 steroid report wtf...

atrink
August 1st 2009
2855 Comments


they should bring back the electric chair for such a hanis crime

Essence
August 1st 2009
6809 Comments


Kinda lulzy.

Upsidedown_and_Sideways
August 1st 2009
292 Comments


I wonder if any artists will ever leave their label in protest of this shit...

Captain North
August 1st 2009
6793 Comments


I thought they stopped doing this and were just focusing on the websites and programs now.

cvlts
August 1st 2009
9956 Comments


oh for gods f*ckin sake...



jus shows again how effed this justice system is

DaveyBoy
Emeritus
August 1st 2009
22503 Comments


"I wonder if any artists will ever leave their label in protest of this shit..."

Maybe after they've got their slice of the fine.


Captain North
August 1st 2009
6793 Comments


I wonder if any artists will ever leave their label in protest of this shit...


Yeah, because artists like giving away their stuff for free.

Electric City
August 1st 2009
15756 Comments


ugh shit like this makes me kinda nervous

cvlts
August 1st 2009
9956 Comments


ugh shit like this makes me kinda nervous


word.

atrink
August 1st 2009
2855 Comments


ugh shit like this makes me kinda nervous

me too. that much for thrity songs? but he proabably used some shit website

JAV
August 1st 2009
3545 Comments


Maybe after they've got their slice of the fine.
Seems to depend. I remember back in the napster days Rage got on Sony's case about banning users that dl'd Rage songs.
Made me like them even more.

Knott-
Emeritus
August 1st 2009
10259 Comments


I thought they stopped doing this and were just focusing on the websites and programs now.

I think that the suits already in motion were completed. I know in the UK they've turned their focus to sharing sites/programs and ISPs in terms of new battles to fight.

Electric City
August 1st 2009
15756 Comments


How do they catch these guys is what I wanna know

cvlts
August 1st 2009
9956 Comments


How do they catch these guys is what I wanna know


snitches.

Captain North
August 1st 2009
6793 Comments


Yeah, my debt would probably rank in the high millions.

CompanionCube
August 1st 2009
977 Comments


they grab them off the streets

TricksterGRex
August 1st 2009
2087 Comments


maybe all songs should start costing the price of a new car

Prophet178
August 1st 2009
6397 Comments


He was probably doing it on his schools internet connection and they caught him.

Crysis
Emeritus
August 1st 2009
17652 Comments


Well toss his life down the tubes.

JAV
August 1st 2009
3545 Comments


If you have a good ISP they won't give up your information.

JoshIsNumber3
August 1st 2009
151 Comments


Good thing there's no bad intentions in purposefully stealing an artist's work.


atrink
August 1st 2009
2855 Comments


yeah this guy is probably fucked forever

cvlts
August 1st 2009
9956 Comments


you know what? they probably just picked a guy outta the hat cause chances are anyone is dl'in

atrink
August 1st 2009
2855 Comments


that fucker is my best friend! jk jk

atrink
August 1st 2009
2855 Comments


josh only pops up to start arguments

cvlts
August 1st 2009
9956 Comments


sonic, you are one mean sob lol

Knott-
Emeritus
August 1st 2009
10259 Comments


yeah

The music industry has typically offered to settle such cases for about $5,000, though it has said that it stopped filing such lawsuits last August and is instead working with Internet service providers to fight the worst offenders. Cases already filed, however, are proceeding to trial.

atrink
August 1st 2009
2855 Comments


i read that. but 5,000 dollars is still a lot

atrink
August 1st 2009
2855 Comments


like corenotgore!!!

cvlts
August 1st 2009
9956 Comments


so bout that f*cked up justice system...

atrink
August 1st 2009
2855 Comments


it's fucked up... but what can we do about it?

cvlts
August 1st 2009
9956 Comments


moral of the story is...

dont DL

atrink
August 1st 2009
2855 Comments


then how can i get my music? lol

Captain North
August 1st 2009
6793 Comments


It's a lot, but it's probably pretty fair. I mean, you get caught stealing something, you shouldn't have to pay what its worth, you should have to pay more, since its wrong and if you steal once you'll probably steal again and not get caught.

Besides, the amount most people dl...

cvlts
August 1st 2009
9956 Comments


until we voted in obama

atrink
August 1st 2009
2855 Comments


4.5 million is not fair for 30 songs worth maybe a dollar

atrink
August 1st 2009
2855 Comments


god... are yall gunna fight about obama and mccain?

DaveyBoy
Emeritus
August 1st 2009
22503 Comments


Who's Obama... A hip-hop artist?

Captain North
August 1st 2009
6793 Comments


No, I meant the $5000 thing. You guys just post too fucking fast.

Zoo
August 1st 2009
3759 Comments


Another thing to think about is how much the artists actually see, if anything. It's not like the record companies care about artistic rights to music more than they care about maximizing profit on a different avenue than a lower-than-ever record sales era.

AtavanHalen
August 1st 2009
17919 Comments


Yeah, because artists like giving away their stuff for free.

Nine Inch Nails, Radiohead, Girl Talk, Mike Hale, Empires, Kidcrash, The Format, Saul Williams...they sure do.

Knott-
Emeritus
August 1st 2009
10259 Comments


I'm confused as to why he only has to pay 4 labels. Are they the only companies whose artists he downloaded? If not, and the ones he owes the money to are the big ones, then that's arguably the most disgusting thing about this.

CelestialDust
August 1st 2009
3170 Comments


time to listen to some rage against the machine

this is utter bs

Against Miik!
August 1st 2009
215 Comments


>I'm confused as to why he only has to pay 4 labels. Are they the only companies whose artists he downloaded? If not, and the ones he owes the money to are the big ones, then that's arguably the most disgusting thing about this.

None of the money in these lawsuits goes to the artists anyways so its irrelevant.




DaveyBoy
Emeritus
August 1st 2009
22503 Comments


I'm guessing some of the artists had multiple songs downloaded (there are some listed in the linked article), so it's very possible that only 4 labels were involved.

Knott-
Emeritus
August 1st 2009
10259 Comments


well it's not, is it? as far as the music 'scene' and 'art form' is concerned, it's not exactly a good thing if independent or smaller labels are getting kicked to the kerb and treated as though they don't matter. there are a lot of people in the music business that would happily see the big companies get bigger and bigger as the small ones die out, and it wouldn't exactly help the situation if the courts started to perpetuate that.

Knott-
Emeritus
August 1st 2009
10259 Comments


yeah davey but it says they only FOCUSSED on 30 songs; that's not all he downloaded. what i'm saying is that if that sample was biased in favour of the major record labels and big names, it's just fuelling an already-dangerous situation. it's not good for the art form if music is viewed as a commodity owned by a select few companies.

Captain North
August 1st 2009
6793 Comments


Atavan, I dunno about the others, but Reznor has made it clear he doesn't LIKE giving away the stuff for free. No-one wants to give away their hard work for free, I mean, it's a capitalist world for christs sake. He's just smart enough to realise the fans will like him more for it and that its inevitable.

DaveyBoy
Emeritus
August 1st 2009
22503 Comments


I understand your point now Adam & it's a good one. Wouldn't at all be surprised if you were correct.

AtavanHalen
August 1st 2009
17919 Comments


Get a clue about Reznor. He's one of the smartest people in the industry right now for having his music available in so many mediums.
It's not about the money - it's about getting people to hear the music. What would you prefer - someone who paid for the record and didn't particularly care for it, or someone who didn't but told you, the artist, just how much the record meant to them?

Jesuslaves
August 1st 2009
5027 Comments


675k for 30 fucking songs?

If I ever got bagged for downloading, it would be easier to just shoot myself.

SynGates
August 1st 2009
2467 Comments


real moral of the story is don't distribute tbh

Captain North
August 1st 2009
6793 Comments


...I know that about Reznor. I don't get how that was a response to what I said, since you basically just expanded on what I said and said it better.

handoman
August 1st 2009
2386 Comments


im a sinner

NebSnurb
August 1st 2009
535 Comments


The government was actually just joking about this, thats what this news article didnt include.

AtavanHalen
August 1st 2009
17919 Comments


I don't get how that was a response to what I said, since you basically just expanded on what I said and said it better.

You think these people hate giving music away and don't want to do it. And I completely disagree.

Jesuslaves
August 1st 2009
5027 Comments


It varies with the artist. Some are in it for the cash, some want their creation to be heard more then they want the cash.

JoshIsNumber3
August 1st 2009
151 Comments


Josh, you are one dumb cocksucker.


I'm sorry that having a differing opinion is so very difficult for you. I'm not even trolling, that's the worst part. It is odd that you have some sort of fixation on my posting and how internet justice has not been served on me. I just think it's pathetic how greatly people will distort things to justify and rationalize things for themselves.

BUT WHAT DO I KNOW, I'M JUST TROLLIN LOL

Captain North
August 1st 2009
6793 Comments


Reznor has explicitly said that he doesn't want to give his music away for free. =/ Artists need to make money, so whether or not they want as many people to hear it and love it as possible, they still want to make a profit.

TricksterGRex
August 1st 2009
2087 Comments


out of all the music artists in the world most will never break mainstream success so if they really wanted profit they'd find a new career

MaskAtTheMasquerade
August 1st 2009
2924 Comments


lol you're alright josh

TricksterGRex
August 1st 2009
2087 Comments


yeah i find josh quite humorous at times as well

JoshIsNumber3
August 1st 2009
151 Comments


hey thanks i try

Captain North
August 1st 2009
6793 Comments


I don't mean profit in the millions or some shit like that. I mean live comfortably.

Piglet
August 1st 2009
8559 Comments


holy crap, man.

Zip
August 1st 2009
5312 Comments


It would probably be better if they maybe slapped with a few thousand dollar fine. Losing 3 grand over a couple songs stings and you probably wont do it again, but 675K? Kiss your life goodbye.

Swizler91
August 1st 2009
2 Comments


It's probably fake i remeber the name Tenenbaum from bioshock

Mr_Coffee
August 1st 2009
631 Comments


fuck law

rotterdog
August 1st 2009
489 Comments


They aren't going after individuals anymore. This Tenenbaum guy got sued way back in 05'. This is just how long it's taken to get through the court process. He should've been smart like everybody else and just paid the damn settlement fee.

AtavanHalen
August 1st 2009
17919 Comments


Artists need to make money, so whether or not they want as many people to hear it and love it as possible, they still want to make a profit.

Most bands make money from gigs and merch, not album sales.

Ryanarchy
August 1st 2009
81 Comments


Yeah, I'm pretty nervous myself. I've downloaded about 9/10 of my music library and I certainly have a lot (and growing).

AdamTheMessenger
August 1st 2009
38 Comments


i would laugh if one of the stolen songs was Escape The Fate-Ashley

rasputin
August 1st 2009
14968 Comments


i would too

MentalityOfA
August 1st 2009
1217 Comments


We were just talking about this kind of thing about a month ago, and how some of you would owe 50 million dollars.

Aids
August 1st 2009
24927 Comments


So I would owe like, infinty trillion dollars then I guess.

Chewie
August 1st 2009
4544 Comments


time to listen to some rage against the machine


I'll join ya.

record companies have sprung this issue on themselves. First by being incredibly corrupt by treating something like music as an absolute money maker by having the mainstream scene consist of incredibly bland boring artists that are easily profitable, so most good music has to be downloaded because stores don't carry them. And because its so expensive. These download sites have been created because Record Companies have become so corrupt that they keep their prices so high despite the fact that its high prices that cause the issue in the first place. Truly avid fans want the cds, but since they can't find or afford them, they resort to downloads. If record companies would treat music as art instead of a business, and lowered their prices, the bulk of this downloading will be resolved. Because when I have to wait for 4+ months for Slow Riot For New Zero Kanada to come in, and I see Kid A at 35 dollars, something is VERY wrong.

greg84
Emeritus
August 1st 2009
7654 Comments


Oh no guys, we are all screwed like 1/6 of the world's population.

rudolphhess88
August 1st 2009
145 Comments


Forgive my ignorance but is downloading a song from Limewire and keeping it for your own enjoyment a crime? Is that what this poor prick got sued for? If you don't profit from it, or leak unreleased material, how is this different from making or accepting a mixtape from a friend?

Fugue
August 1st 2009
7371 Comments


Oh noez, all music should be free lulz

Seriously though, that is one hell of a fine for a very minor offence, its the equivalent of stealing a chocolate bar and losing your house for it. At the end of the day though stealing is stealing, and people have to realise that modern day record companys are capitalist assholes; there's no other way of looking at it. As long as record companies have the power they do then this kind of thing will continue and we should get used to it. Easiest thing to do is either stop downloading shit or pray like crap that you won't be one of the .0001% caught.

callum710
August 1st 2009
5 Comments


Thank fuck i live in australia. I would owe ten kazillion money's . Poor them only making hundreds of thousands not millions of sale's, record labels can have a cry!

myhigherpie
August 1st 2009
3029 Comments


.0001%

I like those odds.

KYZAR
August 1st 2009
513 Comments


Eh, my library will get the blame

Fugue
August 1st 2009
7371 Comments


Don't get my wrong, I wasn't trying to defend the actions by any means, I was just saying that people should get used to it as this kind of thing will continue to happen until governments place some restriction on the maximum fine for this kind of thing; which unfortunately I don't see happening.

Titan50
August 1st 2009
4588 Comments


Music is dead

Wizard
August 1st 2009
20627 Comments


So what's next, we release rapists and murderers and punish those who steal music for the simple pleasure of listening? What the fuck is wrong with North America?

scyther
August 1st 2009
1606 Comments


Most bands make money from gigs and merch, not album sales.

Not most bands, this is true for mainstream acts who get paid 30,000 dollars to play MSG on a regular basis but for independent acts album sales play a large part in their income. Some bands even make more than half of the record's shelf price.

iamthenightmare
August 1st 2009
755 Comments


What the fuck is wrong with North America?


Wish i knew


foreverendeared
August 1st 2009
14745 Comments


Hey guys, just so you all feel a little better, this guy used Kazza (sp?) and downloaded songs from artists like Aerosmith and Green Day.

Basically if you download, you're fine unless you're downloading really really popular songs or using some old, dated and crappy peer-to-peer shit like Kazza.

Chewie
August 1st 2009
4544 Comments


the more bullshit I hear like this, the more I think how un-hyperbolic Rage Against The Machine really are

DaveyBoy
Emeritus
August 1st 2009
22503 Comments


I think I was reading the other day that Kazaa is making a comeback. Of course, it will be a legal comeback where most tracks will have to be paid for. Sounds familiar!

scyther
August 1st 2009
1606 Comments


Quality has nothing to do with business.

alachlahol
August 1st 2009
7593 Comments


i would be curious to know which sites/programs are being heavily monitored

Titan50
August 1st 2009
4588 Comments


Mediafire ftw

shindip
August 1st 2009
3539 Comments


This no happen in Canada.

marx1102
August 1st 2009
1 Comments


U.S. law is sxxt........??????

Motiv3
August 1st 2009
9351 Comments


luckily i dont live in the usa either. Feel sorry for the poor kid.

Unskathed123
August 1st 2009
368 Comments


Thank God I don't listen to major label shit.
I've bought about half of the albums in my library at some point in time anyway. As a musician (my band is my only income), I understand how cool it is when someone actually buys the album. I buy CD's that I think are good, when I have the money to do so. That's how I would like it to be with my band some day.

Either way. 675,000 for 30 songs? Are you kidding me?
They could've charged the kid like 500 bucks and made a pretty focking huge impact on how he sees downloading.

Another thing: A label like Season Of Mist or Statik Factory aren't going to pay a lawyer thousands of dollars to convict of a chubby college kid of downloading.
Just stay away from downloading mainstream shit.

Upsidedown_and_Sideways
August 1st 2009
292 Comments


"Yeah, because artists like giving away their stuff for free."

Just about as much as they like watching their fans lives get ruined over a couple shitty songs.

tarethere
August 1st 2009
184 Comments


ugh shit like this makes me kinda nervous
thats exactly what the rcaa wants

JAV
August 1st 2009
3545 Comments


Not most bands, this is true for mainstream acts who get paid 30,000 dollars to play MSG on a regular basis but for independent acts album sales play a large part in their income. Some bands even make more than half of the record's shelf price.

Part of the reason I buy stuff from the smaller bands if it's good. I'll usually still d/l it to check it out first but if I like it I buy it.

foreverendeared
August 1st 2009
14745 Comments



Thank God I don't listen to major label shit.
I've bought about half of the albums in my library at some point in time anyway. As a musician (my band is my only income), I understand how cool it is when someone actually buys the album. I buy CD's that I think are good, when I have the money to do so. That's how I would like it to be with my band some day.

Either way. 675,000 for 30 songs? Are you kidding me?
They could've charged the kid like 500 bucks and made a pretty focking huge impact on how he sees downloading.

Another thing: A label like Season Of Mist or Statik Factory aren't going to pay a lawyer thousands of dollars to convict of a chubby college kid of downloading.
Just stay away from downloading mainstream shit.

you have good opinions

ScorpionStan
August 1st 2009
1912 Comments


Alright well i know this is a stupid situation and never should've happened, but all of you guys blaming it on "capitalist America" need to wise up. I guess you'd rather have a socialist America, and have any and all free downloading sites or software outlawed and shut down?

foreverendeared
August 1st 2009
14745 Comments


Tenenbaum just got ROYALLY screwed

TricksterGRex
August 1st 2009
2087 Comments


The Royal Tenenbaums

Zip
August 1st 2009
5312 Comments


ROYALTY Screwed

Fixed.

botb
August 1st 2009
19804 Comments



So what's next, we release rapists and murderers and punish those who steal music for the simple pleasure of listening? What the fuck is wrong with North America?


my opinion in a nutshell.

foreverendeared
August 1st 2009
14745 Comments


"ROYALTY Screwed

Fixed."

ummmmm no. TricksterGRex gets it.

TricksterGRex
August 1st 2009
2087 Comments


movie sucked though

foreverendeared
August 1st 2009
14745 Comments


what a shitty opinion to have

Zip
August 1st 2009
5312 Comments


ummmmm no


I tried.

AggravatedYeti
August 1st 2009
7683 Comments


Nooooo! My poor Rhode Island brother!

AggravatedYeti
August 1st 2009
7683 Comments


also Scorpion Stan obviously knows nothing about socialism or for that matter capitalism.

EyesWideShut
August 1st 2009
6124 Comments


how do they find these one out of billion people d/ling albums?? do cops just kick in the door and say "where those burned albums at!" poor bastard.. and the dude who posted Royal Tanenbaums was funny.

CrazyFool84
August 2nd 2009
1083 Comments


It's really that uploading/distributing that's the fucking killer. This is total horseshit though, considering the cost of a shitty mp3 file when legally purchased. I understand upping the cost to set an example, but when you're talking about going from 99cents to $80,000 (as in the case of the previous lawsuit) that's far beyond fair, just, or reasonable. Still, it's sad to see these companies get their panties so bunched up when without the power of the internet, millions of bands would still be going unheard, or at least unknown outside their own national fanbase(s).

Pretty damn curious to know what these 30 songs actually were that warranted such vengence.

DaveyBoy
Emeritus
August 2nd 2009
22503 Comments


Probably the entire back-catalogue of Brokencyde & Millionaires.

TrojanWhore
August 2nd 2009
752 Comments


What a fucking joke. If it weren't for file sharing a lot of underground bands wouldn't get noticed. The judicial system's dignity taste's good in one's mouth - but when they get a sniff of what is going down they just end up making themselves look utterly retarded.

foreverendeared
August 2nd 2009
14745 Comments


Pretty damn curious to know what these 30 songs actually were that warranted such vengence.
i've already answered that one. Aerosmith and Green Day among others.

JoshIsNumber3
August 2nd 2009
151 Comments


Good thing that it only cost 20 dollars to record an album, otherwise I would be unjustified in my anger at charging such an egregious fine!

foreverendeared
August 2nd 2009
14745 Comments


it costs Aerosmith and Green Day nothing to record an album

Knott-
Emeritus
August 2nd 2009
10259 Comments


Just stay away from downloading mainstream shit.

yes all mainstream music is terrible.

Avirov
August 3rd 2009
1206 Comments


Good thing that it only cost 20 dollars to record an album, otherwise I would be unjustified in my anger at charging such an egregious fine!


If they really wanted thousands of dollars for the album that's what they should charge. They sell the album for 20 bucks, that's the retail value of the digital album, period.

JoshIsNumber3
August 3rd 2009
151 Comments


The courts see differently. That argument has been tried before and it failed magnificiently.

Knott-
Emeritus
August 3rd 2009
10259 Comments


lol exactly. if you get caught shoplifting they don't just go, "OK, just pay for it and it's cool."

JAV
August 3rd 2009
3545 Comments


They don't charge you $675,000 in fines either.

Knott-
Emeritus
August 3rd 2009
10259 Comments


no but the people saying the guy should just have to pay for the tracks he downloaded illegally clearly haven't thought it through either.

JoshIsNumber3
August 3rd 2009
151 Comments


The large fines are not so unrealistic when you consider that what is actually stolen is someone's intellectual property, which has a wealth that is much more difficult to ascertain. That is why stealing a physical cd may get you a much smaller fine, it is a physical product that is distinct from the intellectual property that is contained upon it. However, stealing the medium outright is a much more serious crime.

DAVECATAZ
August 3rd 2009
122 Comments


i hear ringtones is the biggest cash cow for bands these days. Sounds logical i suppose. I make my own
though. lol!

Avirov
August 3rd 2009
1206 Comments


However, stealing the medium outright is a much more serious crime.


It's not a medium, it's a product. That's why they SELL IT.

alachlahol
August 4th 2009
7593 Comments


when you have the long dick of the law in your ass i'm sure you'll rethink your methods

DaveyBoy
Emeritus
August 6th 2009
22503 Comments


Just in an update to this, the guy fined is refusing to take donations from people (donations had already started to roll in). He even stated (as many predicted earlier) that he will simply file for bankruptcy.

atrink
August 6th 2009
2855 Comments


i'd rather have enough money from donations then file bankruptcy



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