Judge Nancy Gertner: Electronic ORDER entered with respect to reconsideration of rule 50 motion: The Court has reviewed the transcript of the defendant's testimony, which had not been before the Court at the time of the earlier ruling. The last question asked by Mr. Reynolds on direct examination was Question: "Mr. Tenenbaum, on the stand now, are you now admitting liability for downloading and distributing all 30 sound recordings that are at issue and listed on Exhibits 55 and 56 of the exhibits?" Answer: "Yes." 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. Thus, the Court reverses its earlier ruling; Rule 50 motion is granted with respect to infringement. The only issues for the jury are willfulness and damages. (Gertner, Nancy)This morning Tenenbaum may put on witnesses, the attorneys will conduct closing arguments, and Judge Gertner will instruct the jury. Deliberations (which will cover only willfulness and damages) could start mid-day.
Friday, July 31, 2009
Plaintiffs win Tenenbaum case; court reconsiders Rule 50 ruling, grants directed verdict on copyright liability
The record label plaintiffs have won the Joel Tenenbaum case. Judge Nancy Gertner has reversed her ruling of last night, now granting the record label plaintiffs' Rule 50 motion on the issue of liability: