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Sony v Tenenbaum: judgment now in

p2pnet news view | RIAA:- In SONY BMG Music Entertainment v. Tenenbaum, the Court has entered judgment.

In addition to the monetary award fixed by the jury, the Court also granted some, but not all, of the injunctive relief requested by the RIAA.

Additionally, the Court set briefing schedules for post-judgment motions, and for motions for fees and sanctions.

The Court also issued a ruling explaining its reasoning for dismissing the fair use defense, which:

(a) indicated that there might be many scenarios under which fair use would be a defense to an RIAA vs. End User p2p file sharing case, and

(b) criticized — at length — the defendant’s lawyer’s behavior.

Decision granting in part, denying in part, plaintiffs’ motion for permanent injunction
Judgment
Order Scheduling Post-Judgment Motions
Order Scheduling Attorneys Fees and Sanctions Motions
Decision explaining ruling striking fair use defense

Since the defendant “admitted liability” there really was no legal issue for the Court to decide other than:

(a) the scope of injunctive relief

(b) the excessiveness of the statutory damages award, and

(c) the constitutionality of the statutory damages award.

As the Court’s ruling indicates, issues (b) and (c) remain open and are expected to be the subject of further briefing.

Additionally, the issues of attorneys’ fees and sanctions are likewise open, and expected to be the subject of further briefing.

Ray Beckerman - Recording Industry vs The People
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December, 2009


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3 Responses to “Sony v Tenenbaum: judgment now in”

  1. Reader's Write Says:

    I wonder if judges who accepted bribes from the corporastion of parasites understood the damage they caused to the credibility of justice.

    A judgment like that that is so unjust, so outrageous and so unconstitutional that it can be easily ignored.
    No one will ever try to enforce such a judgment without running incredible risks. These corporate parasites are a pack of fools.

  2. Reader's Write Says:

    true but why did he admit fault seems that being honest cost him big time

  3. Reader's Write Says:

    “true but why did he admit fault seems that being honest cost him big time”

    What is going to cost big time to the corporate parasites is this parody of justice.

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