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SONY BMG MUSIC ENTERTAINMENT v. TENENBAUM

No. 12-2146.

719 F.3d 67 (2013)

SONY BMG MUSIC ENTERTAINMENT, et al., Plaintiffs, Appellees, v. Joel TENENBAUM, Defendant, Appellant.

United States Court of Appeals, First Circuit.

June 25, 2013.

Attorney(s) appearing for the Case

K.A.D. Camara , with whom Camara & Sibley LLP, Paul J. Pape , Nicolas M. Rouleau , Pape Barristers PC and Charles R. Nesson were on brief, for appellant.

Paul D. Clement , with whom Erin E. Murphy , Bancroft PLLC, Jennifer L. Pariser , Recording Industry Association of America, Matthew J. Oppenheim , Oppenheim & Zebrak, LLP, Timothy M. Reynolds and Bryan Cave LLP were on brief, for appellees Sony BMG Music Entertainment; Warner Bros. Records, Inc.; Arista Records LLC and UMG Recordings, Inc.

Jeffrey Clair , Attorney, Appellate Staff, Civil Division, U.S. Department of Justice, with whom Stuart F. Delery , Acting Assistant Attorney General, Carmen Milagros Ortiz , United States Attorney, and Scott R. McIntosh , Attorney, Appellate Staff, were on brief, for appellee United States.

Robert Alan Garrett , R. Reeves Anderson , and Arnold & Porter LLP on brief for the Motion Picture Association of America, Inc., Amicus Curiae.

Before LYNCH, Chief Judge, TORRUELLA and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

Joel Tenenbaum illegally downloaded and distributed music for several years. A group of recording companies sued Tenenbaum, and a jury awarded damages of $675,000, representing $22,500 for each of thirty songs whose copyright Tenenbaum violated. Tenenbaum appeals the award, claiming that it is so large that it violates his constitutional right to due process of law. We hold that the award did not violate Tenenbaum's right to due process, and...

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