Tenenbaum was charged with the illegal download and was asked to pay $22,500 per song. Joel requested a new jury trial but, Judge Rya W. Zobel overturned the request and said that the fine was appropriate as previously determined by the jury and that it will not be lowered.
The amount that Tenenbaum has been asked to pay is one of the largest for damages awarded till date for music-downloading related cases. The verdict read [PDF] “He [Tenenbaum] conducted his infringing activities while knowing that lawsuits were being brought against individuals who downloaded and distributed music without authorization.”
According to the judge, the current fine per song is on a lower end of the spectrum when willful infringement is considered. In such cases the fine may range up to $150,000 per song. This said the amount is below the maximum of non-willful infringement which stands at $30,000.
“In spite of the overwhelming evidence from which the jury could conclude that Tenenbaum’s activities were willful, the award of $22,500 per infringement not only was at the low end of the range – only 15% of the statutory maximum – for willful infringement, but was below the statutory maximum for non-willful infringement.” the verdict read.