Court reinstates $675,000 damages for downloading
Lawyer Blogs
A federal appeals court has reinstated a $675,000 judgment against a Boston University student who illegally downloaded and shared songs on the Internet.
In 2009, a jury in Boston awarded $675,000 to the Recording Industry Association of America, representing four record labels, in a lawsuit filed against Joel Tenenbaum.
A judge later reduced the award to $67,500, finding the original penalty "unconstitutionally excessive."
In his appeal, Tenenbaum sought to overturn the penalty. But the 1st U.S. Circuit Court of Appeals reinstated the full award in a ruling Friday.
Tenenbaum's lawyers argue that federal copyright laws and the Digital Theft Deterrence Act were not meant to target consumers. Lawyers representing the recording industry argue that the economic impact of illegal downloading is much greater than the sharing of one song.
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Grounds for Divorce in Ohio - Sylkatis Law, LLC
A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party
Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party
However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.