It’s all over for Joel Tenenbaum—except for the size of the check he’ll be told to write the RIAA. In a reversal of her decision last night, Judge Nancy Gertner has granted the record labels’ motion for a directed verdict on the issue of copyright infringement. Tenenbaum is now liable for infringing all 30 songs at issue in the case. All that will be left to the jury is to determine the size of the damage award and whether the infringement was willful.
Judge Gertner’s change of heart came after she had a chance to review the transcript of Thursday’s testimony by Joel Tenenbaum. During direct examination, Tenenbaum was asked a simple question by the labels’ counsel: “on the stand now, are you admitting liability for downloading and distributing all 30 sound recordings that are at issue and listed on Exhibits 55 and 56 of the exhibits?” His simple “yes” answer was enough to hand the labels a victory on the question of liability.
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