Directed Guilty Verdict Expected In Tenenbaum File-Sharing Trial ... But At What Cost?
July 30, 2009 at 3:52 PM (PT)
Now that HARVARD UNIVERSITY grad student JOEL TENENBAUM has admitted on the stand to illegal file-sharing, a directed verdict of guilty is expected to be issued by Judge NANCY GERTNER tomorrow (FRIDAY) morning. ARS TECHNICA quoted the Judge as saying that "For all intents and purposes, the ownership and liability issues have been conceded." The only question remaining: Whether TENENBAUM's transgression constitute "willfulness," which would ratchet up the fine.
Apparently, the defendant seems to have learned from the mistakes make by JAMMIE THOMAS, who fought a similar suit vs. the RIAA and lost twice, being fined to the tune of nearly $2 million (NET NEWS, 6/18). Unlike THOMAS, who denied any downloading while blaming wireless infiltration (when her computer wasn't set up for wireless), then passed the buck to her ex-boyfriend and kids, CNET.COM reports that TENENBAUM TODAY confessed to sharing files, and admitted that others downloaded the music he made available on KAZAA.
For all intents and purposes, the ownership and liability issues have been conceded
Although TENENBAUM initially denied illegal downloading, once his counsel's motion for the judge to rule that downloading consists of "fair use" was denied, he changed his tune and admitted to it. The new tack: HARVARD Prof. CHARLES NESSON, who is representing TENENBAUM and who has been criticized for his courtroom tactics so far, will try to persuade the jury that unauthorized file-sharing isn't particularly damaging and shouldn't be assessed big-money judgements.