Tenenbaum complains that “Plaintiffs did their best throughout the trial to make him appear to the jury to be a liar, a perjurer, and a person dodging responsibility for his actions and blaming others under oath for his conduct.” (Motion at 8.) Of course, Tenenbaum ignores the fact that he is all of those things — and he has no one to blame but himself. Tenenbaum has shown nothing but disdain for the copyright laws, the rules of this Court, and Plaintiffs. Tenenbaum is the poster child for willful copyright infringement, and now he asks the Court to autograph that poster. The Court should do no such thing.Plaintiffs' Opposition to Tenenbaum's Motion for New Trial or Remittitur
The labels spend considerable effort fighting on fair use, an issue that the court has already decided in their favor, but whose ruling contains dicta that could be very dangerous down the road: the court's musing that it might be fair use for a defendant to download and share files during the "interregnum" between which file-"sharing" became technically possible and the time at which copyright owners made their works available in the format preferred by infringers like Tenenbaum. "[T]his fair use interregnum...is obviously antithetical to fundamental tenets of copyright law," the plaintiffs contend.
On Tenenbaum's argument that the jury's award of $22,500 per song violated the constitution, they plow over now-familiar ground, pointing out that "Plaintiffs have not located a single case, in the nine decades since Williams was decided, in which a court relied on Williams to reduce or eliminate an award of statutory damages because of a due process violation.... Nor has Tenenbaum cited to one."
And, in the wake of the court in the Jammie Thomas-Rasset case reducing the award there on common-law remittitur grounds, the labels argue strenuously that the court does not have the authority to reduce a jury's award that falls within the range set by Congress: "a district judge that superimposes his or her own subjective view of the 'right' amount of statutory damages usurps the role of the jury in direct violation of the Seventh Amendment and the Supreme Court’s decision in Feltner, and also improperly invades Congress’ authority in setting copyright policy."
A hearing on Tenenbaum's motion is now set for Feb. 23.