Judge cuts file-sharing fine to $67,500

Even after cutting a damages award in a file-sharing case to one-tenth the original sum, a judge said Friday the new fine was still excessive.

The Massachusetts judge on Friday reduced to US$67,500 an original $675,000 award that a jury had ordered a Boston Ph.D student to pay for illegally sharing music files.

“There is no question that this reduced award is still severe, even harsh,” Judge Nancy Gertner of the U.S. District Court for the District of Massachusetts wrote in her opinion on Friday. “It not only adequately compensates the plaintiffs for the relatively minor harm that [Joel] Tenenbaum caused them; it sends a strong message that those who exploit peer-to-peer networks to unlawfully download and distribute copyrighted works run the risk of incurring substantial damages awards.”

A group of record companies sued Tenenbaum, a Ph.D student at Boston University, last August for illegally downloading and sharing 30 songs online. Last year, a jury decided he should pay $22,500 per song for copyright infringement. Tenenbaum subsequently asked for a reduced sentence and a new trial.

In addition to reducing the jury award, the judge granted Tenenbaum’s motion for a retrial to reduce the award. She rejected other arguments that his legal team presented in asking for a new trial.

It sounds likely that his lawyers will attempt to reduce the award even further. In a blog post, Tenenbaum’s legal team said it felt vindicated. “But it is only a step along the way toward recognizing the abusiveness of the [Recording Industry Association of America's] litigation campaign. The next step is to demonstrate that Joel was denied a fair jury trial when Judge Gertner told the jury in her instructions that it could award an unconstitutionally excessive amount,” wrote Debbie Rosenbaum, a Harvard law student working on the case.

“A $67,500 pricetag for 30 songs is still a bill Joel cannot afford,” the lawyers added.

The RIAA clearly disagrees with the judge’s opinion and also appears poised for further battle. “With this decision, the court has substituted its judgment for that of 10 jurors as well as Congress,” it said in a statement. “The judge appropriately recognized the egregious conduct of the defendant, including lying to the court about his behavior, but then erroneously dismisses the profound economic and artistic harm caused when hundreds of songs are illegally distributed for free to millions of strangers on file-sharing networks. We disagree with court’s reasoning and analysis, and we will contest this ruling.”

Judge Gertner had hinted in an earlier opinion that she might consider file sharing before a certain date to be fair use. Gertner had said people who used file-sharing networks before digital music could be legally purchased but who later began paying for such music might be in the clear. She set the introduction of the iTunes music store in 2003 as the end of a potential fair-use period.

In his request for a retrial, Tenenbaum, whose file sharing occurred in 2004, had tried to stretch that date. He attempted to argue that file sharing prior to 2007 should be considered fair use because before then digital music was rarely available without the encumbrance of Digital Rights Management technology. But the judge declined to change her opinion on the matter.

“Tenenbaum effectively blames the plaintiffs for his conduct because they did not make their copyrighted works available in the format he preferred. Even if a copyrighted work’s commercial availability factors into the fair-use analysis, a consumer does not have a right to demand that a copyright owner make his work available in the exact format that the consumer desires,” the judge wrote.

She also said there’s no evidence that Tenenbaum used file-sharing networks because he wanted DRM-free music. “And as I have previously ruled, his efforts to thwart the plaintiffs’ right to charge for the enjoyment of their copyrighted works did not constitute fair use,” she wrote.

U.S. court rejects Microsoft patent case appeal

(Reuters) – A federal appeals court denied on Thursday Microsoft Corp’s request that a full panel of judges rehear arguments in its long-running patent dispute with a small Canadian technology company.

Technology

The decision is a blow to the world’s largest software maker, which has been embroiled in a dispute with Toronto-based i4i Ltd over a feature in Microsoft’s Word application for more than three years.

Microsoft could yet take the case to the U.S. Supreme Court, or make a new request to the appeals court. The company is considering its options, according to a spokesman.

A federal jury awarded i4i $290 million last August after finding that Microsoft had infringed a patent belonging to i4i relating to text manipulation software in the 2003 and 2007 versions of Word, Microsoft’s word processing application.

At the same time , the court granted i4i’s motion for an injunction preventing Microsoft from selling versions of Word containing the disputed technology. Microsoft has since removed the contested features from its current software.

Microsoft appealed the jury award, but in December a panel of three appeals court judges rejected its arguments.

In January, Microsoft asked for a rehearing by all 11 judges of the United States Court of Appeals for the Federal Circuit. That court, which handles many patent and trademark cases, rejected that request on Thursday.

“This has been a long and arduous process, but this decision is a powerful reinforcement of the message that smaller enterprises and inventors who own intellectual property can and will be protected,” said Loudon Owen, chairman of i4i, in a statement.

“We’re disappointed with the decision,” a Microsoft spokesman said. “We continue to believe there are important matters of patent law that still need to be properly addressed, and we are considering our options for going forward.”

Microsoft shares were down 1.3 percent to $28.91 on the Nasdaq.

The case is: i4i Limited Partnership and Infrastructures for Information Inc v. Microsoft Corp, an appeal from the U.S. District Court for the Eastern District of Texas in case no. 07-CV-113.

(Reporting by Bill Rigby; Editing by Steve Orlofsky and Gerald E. McCormick)

U.S. court rejects Microsoft patent case appeal

(Reuters) – A federal appeals court denied on Thursday Microsoft Corp’s request that a full panel of judges rehear arguments in its long-running patent dispute with a small Canadian technology company.

Technology

The decision is a blow to the world’s largest software maker, which has been embroiled in a dispute with Toronto-based i4i Ltd over a feature in Microsoft’s Word application for more than three years.

Microsoft could yet take the case to the U.S. Supreme Court, or make a new request to the appeals court. The company is considering its options, according to a spokesman.

A federal jury awarded i4i $290 million last August after finding that Microsoft had infringed a patent belonging to i4i relating to text manipulation software in the 2003 and 2007 versions of Word, Microsoft’s word processing application.

At the same time , the court granted i4i’s motion for an injunction preventing Microsoft from selling versions of Word containing the disputed technology. Microsoft has since removed the contested features from its current software.

Microsoft appealed the jury award, but in December a panel of three appeals court judges rejected its arguments.

In January, Microsoft asked for a rehearing by all 11 judges of the United States Court of Appeals for the Federal Circuit. That court, which handles many patent and trademark cases, rejected that request on Thursday.

“This has been a long and arduous process, but this decision is a powerful reinforcement of the message that smaller enterprises and inventors who own intellectual property can and will be protected,” said Loudon Owen, chairman of i4i, in a statement.

“We’re disappointed with the decision,” a Microsoft spokesman said. “We continue to believe there are important matters of patent law that still need to be properly addressed, and we are considering our options for going forward.”

Microsoft shares were down 1.3 percent to $28.91 on the Nasdaq.

The case is: i4i Limited Partnership and Infrastructures for Information Inc v. Microsoft Corp, an appeal from the U.S. District Court for the Eastern District of Texas in case no. 07-CV-113.

(Reporting by Bill Rigby; Editing by Steve Orlofsky and Gerald E. McCormick)

Shanghai film festival sees Tibetan film scooping Jury Grand Prix

New Delhi, June 23 (ANI): The 12th Shanghai International Film Festival (SIFF) saw Tibetan director Pema Tseden’s movie ‘The Search’ bagging the Jury Grand Prix.

The film follows a director’s search for a leading actor for his drama set in picturesque Tibet.

The festival, which ended on Sunday, also saw Christina Yao’s ‘Empire of Silver’, a mainland-Hong Kong-Taiwan co-production about a young heir to a giant banking empire in 1899, scooping the Jury Award.

A comedy titled ‘Original’, jointly produced by Danish and Swedish filmmakers, took the Golden Goblet Award.

Directed by Antonio Tublen and Alexander Brondsted, the film tells the story of a man who gets tired of living up to others’ expectations, and tries to chart his own course.

According to Jury leader Danny Boyle, the film was “a light, touching and subversive study of mental illness that is both compassionate and never sentimental.”

The film’s leading actor Sverrir Gudnason was also named Best Actor, reports the China Daily.

“I feel so good. This is the best thing that anybody has given to me and will keep me going,” he said. (ANI)

Tobacco giant Philip Morris to pay $8m to smoker’s widow

London, Feb 19 (ANI): Tobacco giant Philip Morris has been made to pay 8 million dollars by a Florida jury to the widow of a smoker whose death was caused by his addiction to cigarettes.

Elaine Hess, the widow of long-time smoker Stuart Hess, who died of lung cancer in 1997 at 55, received the settlement after the jury in Fort Lauderdale, Florida, decided in her favour.

Philip Morris USA, a unit of Altria Group Inc, said it would appeal the verdict, in the first of what could be thousands of cases to go to trial in Florida.

But Alex Alvarez, an attorney for Elaine Hess, said he and other lawyers who worked on the case felt vindicated after winning 5 million dollars in punitive damages and 3 million dollars in compensatory damages.

“She’s a 110lb elementary school teacher and she went up against Philip Morris, one of the most powerful companies in the world, and won,” the Telegraph quoted Alvarez, as saying.

“We have paved the road for these other litigants to come in and seek their day in court as well. We’re happy to be able to do that for them,” he added.

Alvarez was referring to the estimated 8,000 cases filed following the Florida Supreme Court’s landmark decision in 2006 to throw out a 145 billion dollar jury award in a class-action lawsuit filed in the early 1990s by Miami Beach paediatrician Howard Engle on behalf of thousands of sick smokers. (ANI)