CAPITOL RECORDS, INC. v. ALAUJAN

Case Nos. 03CV11661-NG, 07CV11446-NG.

626 F.Supp.2d 152 (2009)

CAPITOL RECORDS, INC., et al., Plaintiffs, v. Noor ALAUJAN, Defendant. Sony BMG Music Entertainment, et al., Plaintiffs, v. Joel Tenenbaum, Defendant.

United States District Court, D. Massachusetts.

June 15, 2009.


Attorney(s) appearing for the Case

Michelle Bennett, U.S. Department of Justice, Washington, DC, Eve G. Burton, Holme Roberts & Owen LLP, Denver, CO, Laurie Rust, Holme Roberts & Owen LLP, San Francisco, CA, Simon B. Mann, Arnowitz & Goldberg, Daniel J. Cloherty, Victoria L. Steinberg, Dwyer & Collora LLP, Boston, MA, Matthew Oppenheim, The Oppenheim Group, Potomac, MD, Timothy M. Reynolds, Holme Roberts & Owen LLP, Boulder, CO, for Plaintiffs.

Anna V. Volftsun, Charles Nesson, Debra B. Rosenbaum, James E. Richardson, Jennifer L. Dawson, Matthew C. Sanchez, Harvard Law School Office of Clinical and Pro Bono Programs, Cambridge, MA, Matthew H. Feinberg, Matthew A. Kamholtz, Feinberg & Kamholtz, Boston, MA, for Defendant.


ORDER RE: DEFENDANT'S MOTION TO DISMISS

GERTNER, District Judge:

Defendant Joel Tenenbaum ("Tenenbaum") challenges the instant lawsuit on Due Process and Eighth Amendment grounds. Tenenbaum claims that the statutory damages available to private parties under the Copyright Act, 17 U.S.C. § 504(c), are so excessive that they convert this litigation into a criminal proceeding and violate his right...

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