United Statesl v. Tenenbaum
| Docket Number | 10-2052 |
| Decision Date | 16 September 2011 |
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73 cases
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Sony Music Entm't v. Cox Commc'ns, Inc.
...statutory award. If either question is answered in the affirmative, the $1 billion jury award is subject to reduction. In Sony BMG Music Entertainment v. Tenenbaum , the First Circuit commented on the courts' role when applying the Copyright Act, independent of the parties' proposed rationa......
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United States v. Brown
...violated his constitutional right to defend himself. We review this constitutional question de novo. See Sony BMG Music Entm't v. Tenenbaum, 660 F.3d 487, 496 (1st Cir.2011). Whether it is rooted in the Fourteenth Amendment or in the Sixth Amendment, “the Constitution guarantees criminal de......
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Sánchez v. United States
...liability, id. at 230.II. The district court's ultimate rulings were ones of law, which we review de novo. Sony BMG Music Entm't v. Tenenbaum, 660 F.3d 487, 496 (1st Cir.2011). On this Rule 12(b)(1) motion, we must “credit the plaintiff's well-pled factual allegations and draw all reasonabl......
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United States v. Dish Network LLC
...choice of accepting a lower damage amount that the one awarded by a jury or a new trial on damages. See Sony BMG Music Entertainment v. Tenenbaum, 660 F.3d 487, 511 (1st Cir. 2011). This is a bench trial, not a jury trial. Moreover, the damages are a straightforward calculation of $500 per ......
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1 firm's commentaries
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Two Courts Address Constitutional Limits On Copyright Statutory Damages
...constitutional and procedural methods for correcting excessive statutory damage awards. Sony BMG Music Entertainment v. Tenenbaum, 100 U.S.P.Q. 2d 1161 (1st Cir. The defendant in Tenenbaum was a college student who downloaded and made available to others thousands of music recordings using ......
10 books & journal articles
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Efficient Copyright Infringement
...file sharing, albeit also expressing reservations about draconian statutory damages), aff’d in part , vacated in part , rev’d in part , 660 F.3d 487 (1st Cir. 2011). 145. Indeed, §§ 107–122 of the Copyright Act comprise various exceptions to owners’ exclusive rights. 17 U.S.C. §§ 10722 (20......
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INTELLECTUAL PROPERTY CRIMES
...property reasonably and in good faith, even in the face of disputed title, has not acted willfully); Sony BMG Music Ent. v. Tenenbaum, 660 F.3d 487, 507–08 (1st Cir. 2011) (finding that copyright infringement is willful if the infringement is knowing or there is reckless disregard for the ......
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Intellectual Property Crimes
...property reasonably and in good faith, even in the face of disputed title, has not acted willfully); Sony BMG Music Ent. v. Tenenbaum, 660 F.3d 487, 507–08 (1st Cir. 2011) (finding copyright infringement is willful if the infringement is knowing or there is reckless disregard for the risk ......
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Intellectual Property Crimes
...property reasonably and in good faith, even in the face of disputed title, has not acted willfully); Sony BMG Music Ent. v. Tenenbaum, 660 F.3d 487, 507–08 (1st Cir. 2011) (finding that copyright infringement is willful if the infringement is knowing or there is reckless disregard for the ......
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