Statutory Damages Flexible
Represented by Professor Charles Nesson, Joel Tenenbaum pulled one back in his P2P downloading case, in which he was sentenced $675,000 dollars statutory damages to the copyright owners.
I was sitting in the court when Professor Nesson presented his motion of either placing a new trial or granting a remittitur. Briefly, Charlie’s argument is: 675,000 dollars is unconstitutionally high, and therefore instructing the jury that maximum amount should be a mistrial.
After five months awaiting, Judge Nancy Gertner agreed Joel’s motion of remittitur by reducing the damages Joel owes to $67,500 – one-tenth of the original one. In her ruling, she wrote:
Reducing the jury’s $675,000 award also sends another no less important message: The Due Process Clause does not merely protect large corporations, like BMW and State Farm, from grossly excessive punitive awards. It also protects ordinary people like Joel Tenenbaum.
Still, for each song, Joel has to pay $2,250 (USD), and if my memory serves, upon what is the appropriate amount of damages, "30 Dollars", Charlie said after the hearing.
本案是香港第一宗引用《版权条例》检控P2P用户的案件、也是全球第一宗以
“Joost就是新兴的一个米国网络电视台，它利用了P2P原理，让大家流畅的在线观看它提供的N套电视节目。也就是说，看的人越多，观看效果越流畅。目前，joost的节目全是E文的，因此有志于彻底废除大学英语四六级考试的同学们就不用申请了。