Now that the majority of Americans have access to a computer, torrents and other avenues of file sharing have become immensely popular. These avenues have made music downloading easy and free. But the price for getting caught is high. For Boston University graduate student Joel Tenenbaum, who conceded to illegally downloading and sharing songs on the Internet in July 2009, that price could be as high as $67,500 – a number that is unwarranted and unfair.
Tenenbaum’s case is unique in that illegal music downloading has never been addressed in a federal appellate court. His opponents argue that he should be heavily fined for his blatant disregard for copyright laws and the Digital Theft Deterrence Act of 1999. But as Tenenbaum’s lawyers have pointed out, the latter act was created before the Internet had evolved into the immeasurable system it is today. At the time the act was passed, citizens could be charged up to $150,000 for each song “illegally and willfully downloaded.” This is a grossly overestimated penalty.
Tenanbuam’s potential payment of $67,500, while less harsh, is still unreasonable. He is one of the only people being prosecuted in court for this crime. The recording industry may want to make an example out of Tenanbaum for good reason, but court justices and jurors should recognize that he is being singled out. Illegal music downloading should be addressed but not at the expense of one person. Most people who have been indicted for downloading illegally have settled out of court, an option that Tenanbaum never had.
According to an article in The Boston Globe, Harvard University professor and Tenanbaum’s lawyer Charles Nesson called his client a “willful jaywalker.” While Tenanbaum did steal, his crime is reminiscent of easily overlooked, minor infractions such as jaywalking. The recording industry, while in decline, is still thriving in comparison to other vocations. It’s ludicrous for the opposition to say that 30 illegally shared songs had a significant impact.
Tenanbaum and his team should continue to concentrate on pointing out the prosecution’s dated philosophy and fighting against the sizeable fine. If the government undertakes the issue of Internet downloading, it should do so on a general, indiscriminate level.
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