Word: tenenbaum
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...filing, Nesson also wrote that the court's treatment of evidence unfairly implied that Tenenbaum had acted dishonestly during the litigation process...
Nesson and the defense asserted that when Tenenbaum downloaded 30 songs in 2004, music listeners were unable to obtain "exactly the songs they wanted, in the format they wanted" from the recording industry...
...Tenenbaum wrote a letter to the RIAA in November 2005 offering to settle the case by paying $500 and removing the files in question from his computer. The letter was redacted when presented as evidence, leaving only the paragraph in which Tenenbaum wrote that he would delete the files. Nesson asserted that this redacted letter gives jurors the impression that Tenenbaum unconditionally agreed to remove the files from his computer, when in reality he only promised to remove the files as part of the $500 settlement...
...addition, Tenenbaum's defense team argued that the statutory damages awarded by the jury were "grossly excessive," since Tenenbaum as an individual caused the plaintiffs no provable injury and acted without malicious or profit-seeking intent...
...Tenenbaum will appeal if the motion for a retrial is denied and has already requested in the motion that the damages be reduced to the minimum amount—$750 per song, for a total of $22,500—if the court does not grant him a new trial, according to Nesson...