<\/p>\n
Represented by Professor Charles Nesson<\/span><\/a>, Joel Tenenbaum pulled one back in his P2P downloading case<\/span><\/a>, in which he was sentenced $675,000 dollars statutory damages to the copyright owners. Reducing the jury\u2019s $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.<\/p><\/blockquote>\n Still, for each song, Joel has to pay $2,250, and if my memory serves, upon what is the appropriate amount of damages, “30 Dollars”, Charlie said after the hearing. <\/p>\n","protected":false},"excerpt":{"rendered":" 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 hearing when Professor Nesson presented his move of either placing a new trial or granting a remittitur. Briefly, Charlie’s argument is: 675,000 […]<\/p>\n","protected":false},"author":2195,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[15477,257,902,7613,794],"tags":[19446,1860],"class_list":["post-115","post","type-post","status-publish","format-standard","hentry","category-case","category-copyright","category-free-culture","category-lawyer","category-us","tag-copyright","tag-united-states"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/posts\/115","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/users\/2195"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/comments?post=115"}],"version-history":[{"count":3,"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/posts\/115\/revisions"}],"predecessor-version":[{"id":118,"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/posts\/115\/revisions\/118"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/media?parent=115"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/categories?post=115"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/donnie\/wp-json\/wp\/v2\/tags?post=115"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nI was sitting in the hearing when Professor Nesson presented his move<\/span><\/a> of either placing a new trial or granting a remittitur. Briefly, Charlie’s argument is: 675,000 dollars is unconstitutionally high<\/em>, and therefore instructing the jury that maximum amount should be a mistrial.
\nAfter five months awaiting, Judge Nancy Gertner<\/span><\/a> agreed Joel’s motion of remittitur by reducing the damages Joel owes to $67,500 – one-tenth of the original one. In her ruling<\/span><\/a>, she wrote:<\/p>\n