By Brian Lynch

Thirty songs for $22,500 each is a bit pricier than the current iTunes rates of $0.69 to $1.29 per song, but that is what Joel Tenenbaum originally faced for illegally downloading and sharing copyrighted music. The Recording Industry Association of America successfully brought copyright violation claims against Tenenbaum and sought damages under the Digital Theft Deterrence Act of 1999. The action resulted in a jury award of $675,000.

Last year a U.S. District judge found the damages excessive and reduced the total award down to $67,500, noting the reduced award would still serve to deter similar actions. Tenenbaum is currently appealing in the U.S. Court of Appeals for the First Circuit and is being represented by Harvard Law students under the tutelage of Professor Charles Nesson. They are arguing the Digital Theft Deterrence Act was not intended to target consumers and the damages permitted under it are unconstitutionally excessive.

Although the damage award is within statutory guidelines, one has to wonder how equitable a resolution the guidelines provide. Similar cases have been settled out of court for less than $10,000 and initially the RIAA sought a settlement of only $3,500. A more reasonable solution would be to find Tenebaum liable for the equivalent price of the initial downloads and any subsequent copies he distributed. To deter similar actions, treble damages could be awarded or punitive damages could be left to a jury to determine without the statutory guidelines.

For audio of the oral arguments and legal documents filed in the case, go here.