Judge decimates Tenenbaum damages, cuts them by 90%

Judge Nancy Gertner has literally decimated the damages awarded to the RIAA in the case against file-sharer Joel Tenenbaum. The judge determined that the amount of the damages that the jury ordered Tenenbaum to pay, 675.000 dollar, was “unconstitutionally excessive’’. Therefore, she slashed it by 90% to 67.500 dollar.

In her order, judge Gertner wrote: “There is no question that this reduced award is still severe, even harsh. It not only adequately compensates the plaintiffs for the relatively minor harm that Tenenbaum caused them; it sends a strong message that those who exploit peer-to-peer networks to unlawfully download and distribute copyrighted works run the risk of incurring substantial damages awards.’’

Furthermore, she argued that the US Congress did not envision the 1999 Digital Theft Deterrence Act to be used to burden “ordinary people like Joel Tenenbaum” with huge damages.

In a statement, the RIAA reveals not to be far from delighted by the ruling. “With this decision, the court has substituted its judgment for that of 10 jurors as well as Congress.’’

Tenenbaum’s solicitor, Charles Nesson, a Harvard Law professor, considers to propose his client to appeal as he feels the damages are still unconstitutionally high. But he did praise Gertner for the reduction, which he called “recognizing the abusiveness of the copyright litigation campaign being conducted [by the creative industries, ed.]”