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:
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.


  1. These big business need to die
    It is your duty as an entertainer to provde entertainment at no cost to the citizens of earth.

    Death to Entertainers and Death to America

  2. did that make it through the mod queue?


Comments here are moderated. I appreciate substantive comments, whether or not they agree with what I've written. Stay on topic, and be civil. Comments that contain name-calling, personal attacks, or the like will be rejected. If you want to rant about how evil the RIAA and MPAA are, and how entertainment companies' employees and attorneys are bad people, there are plenty of other places for you to go.