BU student admits illegal downloads
Music copyright violations could cost him $4.5m
A Boston University graduate student sued by the recording industry for illegally downloading and sharing music online conceded from the witness stand yesterday that he infringed on the copyrights of the 30 songs at issue in the federal case.
“On the stand today, are you now admitting liability for downloading and distributing all 30 songs?’’ asked Timothy M. Reynolds, a lawyer for the four record labels that filed suit.
“Yes,’’ said Joel Tenenbaum, 25, near the end of about three hours on the stand in US District Court in Boston.
The recording industry later asked US District Judge Nancy Gertner, with the jury out of the room, to rule that Tenenbaum was liable for copyright infringement and that the only question jurors should consider when they get the case is damages. Deliberations are expected to start this afternoon. .
Tenenbaum’s lawyers objected, arguing that he did not fully understand the implication of his testimony. Gertner is expected to rule this morning on the industry’s request. But both sides said privately that it seemed likely that she will grant it and limit deliberations to damages.
The suit is only the second of thousands of music downloading complaints filed by the industry to go to trial. Most defendants settle out of court for $3,000 to $5,000.
Tenenbaum’s admission was not entirely unexpected. On the witness stand, the graduate student in physics unapologetically admitted downloading more than 800 songs from 1999 to at least 2007 on his computers at his home in Providence and at Goucher College in Maryland.
Smiling often, he explained that he grew up in a family that loves and plays music - his mother is a professional harpist - and that peer-to-peer music-sharing networks made it easy for him to get the songs he liked free, including those by Nirvana, Green Day, the Ramones, and Aerosmith.
He also matter-of-factly admitted lying about downloading in sworn statements to the record labels and falsely blaming others who he said might have had access to his computer in Providence, including his two sisters, friends, and house guests.
Tenenbaum said he didn’t destroy hundreds of songs on his computer even after he received a threatening letter from the recording industry in fall 2005. He had promised to get rid of the files in a letter to the record labels but was too attached to them.
“There I was in front of my computer, and I couldn’t do it,’’ said Tenenbaum. “It was this huge collection I’d been making for years, and it was everything I listened to.’’
The recording industry used an investigative company that tracks illegal downloads to catch Tenenbaum through his user name, sublimeguy14, on the Kazaa peer-to-peer network.
Tenenbaum’s lead counsel, Harvard Law School professor Charles Nesson, has sought to portray his client as one of millions of decent young people who grew up thinking downloading music free of charge was fine. But Nesson has struggled throughout the four-day trial to make his points, drawing countless objections from the plaintiffs and warnings from Gertner to ask simple questions, stay within appropriate boundaries, and avoid making arguments.
The recording industry, for its part, has presented witnesses who said illegal downloading and file-sharing has caused CD sales to plunge since 1999 and hurt people in the music business, including recording artists. The labels -
Tenenbaum said he never intended to deprive recording artists of income.
“I think very much that artists should continue to be paid for what they do,’’ he said. “They’re the ones who are giving so much.’’
After Tenenbaum admitted liability on the stand, Nesson asked him whether he now thinks what he did was wrong.
“I think it’s part of the process of growing up and learning things,’’ Tenenbaum replied. “It’s nothing I do now or have done in a while.’’
Last month, a Minnesota woman, Jammie Thomas-Rasset, faced similar allegations, and a federal jury awarded record labels $80,000 per song, or a total of $1.92 million.
If Tenenbaum loses, the financial stakes could be even higher. Under federal law, the jury could award the labels from $750 to $30,000 for each copyright infringement and as much as $150,000 for each willful infringement. That means that Tenenbaum could owe as much as $4.5 million.
His mother, Judie Tenenbaum, recently said in the hallway of the courthouse that her son would probably appeal a large award, which could force him to declare bankruptcy.
Saltzman can be reached at jsaltzman@globe.com. 
