Target of RIAA lawsuit: music piracy case an ordeal

20.12.2008

There was little opportunity to dispute the amount or to even question the validity of the allegations made in the letter, according to Tenenbaum. The operators manning the RIAA hotline appeared to have little information or authority to do anything more than simply "just sit there and keeping asking you for your MasterCard or Visa number" to make the demanded payment, he said in an interview this week.

"It's scary when you know nothing about copyright law and suddenly there's this letter that says you're infringing the law," Tenenbaum said. "You don't even know if it's a criminal or a civil matter and if you could end up in prison."

After initial attempts to resolve the issue failed, Tenenbaum said he offered the RIAA $500 to settle the claims, arguing that as a student, he couldn't afford to pay more. That offer was quickly rejected by the RIAA, and Tenenbaum didn't hear anything more from the trade group for nearly two years. "I had no idea why, and I didn't want to know why," he said. "I didn't know if they had decided that we weren't worth it, or if the case had fallen through the cracks."

Those questions were finally answered in August 2007, in the form of a stack of legal documents in which the music companies formally accused Tenenbaum of copyright infringement. He filed a motion in the Boston court seeking to dismiss the RIAA's civil suit. Then, after some "back and forth" between the two sides, Tenenbaum said, he agreed to pay the $5,250 that the RIAA had demanded as restitution for the alleged violations.

But according to Tenebaum, the RIAA refused to accept the settlement offer and instead increased its payment demand, asking him for $12,000. "At that point, I said 'no' because it was no longer a settlement," he said. Tenenbaum contends that the RIAA seems to be focused more on trying to make an example of him than on seeking restitution for any actual damages caused by the alleged piracy.