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In the case of ''Sony BMG Music Entertainment et al. v. Tenenbaum'', record label Sony BMG, along with Warner Bros. Records, Atlantic Records, Arista Records, and UMG Recordings, accused Joel Tenenbaum of illegally downloading and sharing files in violation of U.S. copyright law. It was only the second file-sharing case (after ''Capitol v. Thomas'') to go to verdict in the Recording Industry Association of America's (RIAA) anti-downloading litigation campaign. (The vast majority of cases having been settled out of court.〔Harvard Journal of Law and Technology: (Stephanie Weiner , "Sony BMG Music Entertainment v. Tenenbaum," August 12, 2009 ), accessed April 4, 2012〕) After the judge entered a finding of liability, a jury assessed damages of $675,000, which the judge reduced to $67,500 on constitutional grounds, rather than through remittitur. After both parties appealed, the First Circuit Court of Appeals reinstated the original damage award of $675,000 and remanded the case to the District Court, ruling that the judge should have avoided the constitutional issue by first considering remittitur. The Supreme Court refused to hear Tenenbaum's appeal arguing against the remand. A new District Court judge then found no cause for remittitur, and held that the statutory damage award was constitutional. Tenenbaum again appealed to the First Circuit, which in June 2013 upheld the award. == Background == Joel Tenenbaum (born December 25, 1983) is from Providence, Rhode Island. He earned his bachelor's degree in physics and mathematics along with a music minor from Goucher College in 2006. He currently holds a position in the department of physics at Boston University. Tenenbaum's issues started as a college student where he was accused of spreading songs to millions of people by uploading them onto P2P networks like Napster and Limewire.〔 〕 The record companies alleged they had given him warnings of these crimes prior to the trial and told him to stop what he was doing right away. They claim he had given a wide array of excuses as to why he was still distributing these songs. Tenenbaum was not the only one who had been given a lawsuit as, after September 8, 2003, there were thousands of similar lawsuits being filed. Over 5 years the number of cases surpassed 35,000 and caused the court to apply the Copyright act to the digital realm.〔http://www.btlj.org/data/articles/25_1/0311-0346%20Moseley_Web.pdf〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Sony BMG v. Tenenbaum」の詳細全文を読む スポンサード リンク
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