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	<title>Comments on: Judge in Tenenbaum Case to Jury &#8211; Defedant Guilty, Pick a Fine</title>
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		<title>By: Joel Tenenbaum&#8217;s File-Sharing Appeal Trial Begins</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-324730</link>
		<dc:creator>Joel Tenenbaum&#8217;s File-Sharing Appeal Trial Begins</dc:creator>
		<pubDate>Fri, 08 Apr 2011 10:24:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-324730</guid>
		<description>[...] Joel Tenenbaum finally seemed before a First Circuit of Appeals this past Monday to interest his conviction for illegally “making available” 30 copyrighted [...]</description>
		<content:encoded><![CDATA[<p>[...] Joel Tenenbaum finally seemed before a First Circuit of Appeals this past Monday to interest his conviction for illegally “making available” 30 copyrighted [...]</p>
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		<title>By: Joel Tenenbaum&#039;s File-Sharing Appeal Trial Begins</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-324661</link>
		<dc:creator>Joel Tenenbaum&#039;s File-Sharing Appeal Trial Begins</dc:creator>
		<pubDate>Wed, 06 Apr 2011 18:08:20 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-324661</guid>
		<description>[...] Joel Tenenbaum finally appeared before the First Circuit of Appeals this past Monday to appeal his conviction for illegally &#8220;making available&#8221; 30 copyrighted songs.The DMCA makes it illegal to copy [...]</description>
		<content:encoded><![CDATA[<p>[...] Joel Tenenbaum finally appeared before the First Circuit of Appeals this past Monday to appeal his conviction for illegally &#8220;making available&#8221; 30 copyrighted songs.The DMCA makes it illegal to copy [...]</p>
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		<title>By: Tenenbaum Appeals Reduced P2P Fine, Says $67,500 &#8220;Equally Insane&#8221;</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-297756</link>
		<dc:creator>Tenenbaum Appeals Reduced P2P Fine, Says $67,500 &#8220;Equally Insane&#8221;</dc:creator>
		<pubDate>Fri, 27 Aug 2010 14:38:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-297756</guid>
		<description>[...] August Joel Tenenbaum was found guilty of copyright infringement for illegally distributing 30 copyrighted songs, and fined $22,500 p/work [...]</description>
		<content:encoded><![CDATA[<p>[...] August Joel Tenenbaum was found guilty of copyright infringement for illegally distributing 30 copyrighted songs, and fined $22,500 p/work [...]</p>
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		<title>By: Loki</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-198513</link>
		<dc:creator>Loki</dc:creator>
		<pubDate>Wed, 05 Aug 2009 00:03:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-198513</guid>
		<description>The technicalities about P2P are not the point the lawfulness of this situation is the point.

Joel Tenenbaum was a fool to accept the jurisdiction of the court over his person, he obviously went into court without a bond (placing his person in contempt of court), perjured his person, and worse pleaded guilty for things which caused no real harm; what a moron!

Many people do not realise that many courts are not Common Law courts, but Admiralty/Commercial courts (games of commercial contracts), so a lot more is in play than most people assume e.g. you can turn the tables by changing your stated role in court.

The Freeman movement has so much on this, it&#039;s scary, they are the Red Pill explorers of the bizarre fictions of the public and legal worlds, and the truth, and lies, about statute &#039;law&#039;.</description>
		<content:encoded><![CDATA[<p>The technicalities about P2P are not the point the lawfulness of this situation is the point.</p>
<p>Joel Tenenbaum was a fool to accept the jurisdiction of the court over his person, he obviously went into court without a bond (placing his person in contempt of court), perjured his person, and worse pleaded guilty for things which caused no real harm; what a moron!</p>
<p>Many people do not realise that many courts are not Common Law courts, but Admiralty/Commercial courts (games of commercial contracts), so a lot more is in play than most people assume e.g. you can turn the tables by changing your stated role in court.</p>
<p>The Freeman movement has so much on this, it&#8217;s scary, they are the Red Pill explorers of the bizarre fictions of the public and legal worlds, and the truth, and lies, about statute &#8216;law&#8217;.</p>
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		<title>By: Skymonrie</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-198308</link>
		<dc:creator>Skymonrie</dc:creator>
		<pubDate>Mon, 03 Aug 2009 00:30:23 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-198308</guid>
		<description>&quot;The key is the Kazaa shared folder. It’s public and open to anyone running Kazaa, not just MediaSentry&quot;

Who still uses Kazaa?! O.o

Most &quot;P2P&quot; traffic is created by torrenting, fact. when torrenting, you do NOT have a shared folder; you become part of a cloud to share pieces of an individual share, that&#039;s about as far from the idea of Kazaa library as possible. 

The only way for Mediasentry to gather details on users is to become part of the cloud themselves thus undertaking illegal activities and file sharing.

All that can be had as a result of this is a users IP address anyway which IS flawed and should be laughable in the court room; there&#039;s many ways to use fake IPs and for most ISPs, they are dynamic and change regularly anyway. 

The way I see it; people are being pushed to see how far we can be milked before turning around and simply kicking these people off the edge of a cliff. The world is being run the same way as it was back in 1920; we have been through two whole era&#039;s since then; get with the times.</description>
		<content:encoded><![CDATA[<p>&#8220;The key is the Kazaa shared folder. It’s public and open to anyone running Kazaa, not just MediaSentry&#8221;</p>
<p>Who still uses Kazaa?! O.o</p>
<p>Most &#8220;P2P&#8221; traffic is created by torrenting, fact. when torrenting, you do NOT have a shared folder; you become part of a cloud to share pieces of an individual share, that&#8217;s about as far from the idea of Kazaa library as possible. </p>
<p>The only way for Mediasentry to gather details on users is to become part of the cloud themselves thus undertaking illegal activities and file sharing.</p>
<p>All that can be had as a result of this is a users IP address anyway which IS flawed and should be laughable in the court room; there&#8217;s many ways to use fake IPs and for most ISPs, they are dynamic and change regularly anyway. </p>
<p>The way I see it; people are being pushed to see how far we can be milked before turning around and simply kicking these people off the edge of a cliff. The world is being run the same way as it was back in 1920; we have been through two whole era&#8217;s since then; get with the times.</p>
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		<title>By: Spectralis</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-198274</link>
		<dc:creator>Spectralis</dc:creator>
		<pubDate>Sun, 02 Aug 2009 13:22:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-198274</guid>
		<description>What is unjust is that an individual can be fined millions of dollars for sharing 30 songs while on the other hand someone can steal something of much greater value and receive a much lesser punishment.  Let&#039;s not forget how the bankers have escaped relatively easily despite destroying the economy and millions of peoples lives with it.  It&#039;s one law for the rich and another for the poor.

It&#039;s obvious to everyone except those who support the draconian copyright industry that these fines are not commensurate with the crime.  That is if those being convicted have even committed a crime in the first place.  The practice of threatening lawsuits unless out of court settlements are paid goes against everything that justice stands for.

The fact is that investigators for the copyright industry have been exposed for using illegal practices on numerous occasions.  They do not have a snow white record and that is what causes suspicion among the public.

Looking at this case from the UK it looks embarrassing for the US that its justice system is so obviously geared towards the wealthy and powerful.  The UK&#039;s justice system is hardly perfect to say the least but the US takes the biscuit concerning bias.   The poor are treated no differently to how African Americans were treated during segregation.   Anyone who is pleased with this result or thinks that justice has been served in this case really doesn&#039;t understand the principle of democracy and justice.</description>
		<content:encoded><![CDATA[<p>What is unjust is that an individual can be fined millions of dollars for sharing 30 songs while on the other hand someone can steal something of much greater value and receive a much lesser punishment.  Let&#8217;s not forget how the bankers have escaped relatively easily despite destroying the economy and millions of peoples lives with it.  It&#8217;s one law for the rich and another for the poor.</p>
<p>It&#8217;s obvious to everyone except those who support the draconian copyright industry that these fines are not commensurate with the crime.  That is if those being convicted have even committed a crime in the first place.  The practice of threatening lawsuits unless out of court settlements are paid goes against everything that justice stands for.</p>
<p>The fact is that investigators for the copyright industry have been exposed for using illegal practices on numerous occasions.  They do not have a snow white record and that is what causes suspicion among the public.</p>
<p>Looking at this case from the UK it looks embarrassing for the US that its justice system is so obviously geared towards the wealthy and powerful.  The UK&#8217;s justice system is hardly perfect to say the least but the US takes the biscuit concerning bias.   The poor are treated no differently to how African Americans were treated during segregation.   Anyone who is pleased with this result or thinks that justice has been served in this case really doesn&#8217;t understand the principle of democracy and justice.</p>
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		<title>By: DrewWilson</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-198235</link>
		<dc:creator>DrewWilson</dc:creator>
		<pubDate>Sat, 01 Aug 2009 19:16:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-198235</guid>
		<description>&quot;That’s not a huge host, Drew, that’s one suggestion by you that MediaSentry’s methods are illegal. If you look at the caselaw that precedes this you’d know that MediaSentry has been carefully reviewed in multiple cases in various jurisdictions, and in every case found to be sound and on solid legal ground. This wasn’t considered in Joel’s case because it’s now a false accusation and set aside in previous cases. The key is the Kazaa shared folder. It’s public and open to anyone running Kazaa, not just MediaSentry. So the fact is that you or I could have produced the exact same evidence as MediaSentry by doing what any pirate does, without “investigation” or licensing. Had MediaSentry required a warrant for a wiretap, for instance, the situation would be quite different. But the “issue” you raise is old news, Drew, long discredited and an observation with no legitimacy anymore.&quot;

Since you failed to cite the cases in question, I may as well do this for you.  This case asked whether or not MediaSentry&#039;s investigation was illegal.  The plaintiffs argued that the question was answered in the Thomas case.  Guess what, the Thomas case was being appealed and the question, to my knoweldge, still hasn&#039;t been answered.

After seeing the issue raised in both cases, I see no evidence that suggested that MediaSentry&#039;s activities were legal or not.  Unless you can site another case which officially ligitimized MediaSentry being able to investigate users without a license and without violating wiretap laws, I don&#039;t see this argument being dead.

&quot;Websites like this one commit the true injustice by leading their readership away from the facts in these cases, appearing to promote misunderstanding.&quot;

It&#039;s your opinion against mine.  Nothing wrong with that.  You may think it&#039;s perfectly ethical for a corporation to randomly sue teens for hundreds of thousands/millions, I would disagree.  However, so far, I back myself up very regularly with hard evidence.</description>
		<content:encoded><![CDATA[<p>&#8220;That’s not a huge host, Drew, that’s one suggestion by you that MediaSentry’s methods are illegal. If you look at the caselaw that precedes this you’d know that MediaSentry has been carefully reviewed in multiple cases in various jurisdictions, and in every case found to be sound and on solid legal ground. This wasn’t considered in Joel’s case because it’s now a false accusation and set aside in previous cases. The key is the Kazaa shared folder. It’s public and open to anyone running Kazaa, not just MediaSentry. So the fact is that you or I could have produced the exact same evidence as MediaSentry by doing what any pirate does, without “investigation” or licensing. Had MediaSentry required a warrant for a wiretap, for instance, the situation would be quite different. But the “issue” you raise is old news, Drew, long discredited and an observation with no legitimacy anymore.&#8221;</p>
<p>Since you failed to cite the cases in question, I may as well do this for you.  This case asked whether or not MediaSentry&#8217;s investigation was illegal.  The plaintiffs argued that the question was answered in the Thomas case.  Guess what, the Thomas case was being appealed and the question, to my knoweldge, still hasn&#8217;t been answered.</p>
<p>After seeing the issue raised in both cases, I see no evidence that suggested that MediaSentry&#8217;s activities were legal or not.  Unless you can site another case which officially ligitimized MediaSentry being able to investigate users without a license and without violating wiretap laws, I don&#8217;t see this argument being dead.</p>
<p>&#8220;Websites like this one commit the true injustice by leading their readership away from the facts in these cases, appearing to promote misunderstanding.&#8221;</p>
<p>It&#8217;s your opinion against mine.  Nothing wrong with that.  You may think it&#8217;s perfectly ethical for a corporation to randomly sue teens for hundreds of thousands/millions, I would disagree.  However, so far, I back myself up very regularly with hard evidence.</p>
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		<title>By: Sam I Am</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-198199</link>
		<dc:creator>Sam I Am</dc:creator>
		<pubDate>Sat, 01 Aug 2009 11:04:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-198199</guid>
		<description>“There was a huge host of arguments that were made such as the simple fact that the investigation techniques used by the copyright industry were illegal. There was nothing in the court documents in question that said that this was even considered.”

That’s not a huge host, Drew, that’s one suggestion by you that MediaSentry’s methods are illegal. If you look at the caselaw that precedes this you’d know that MediaSentry has been carefully reviewed in multiple cases in various jurisdictions, and in every case found to be sound and on solid legal ground. This wasn’t considered in Joel’s case because it’s now a false accusation and set aside in previous cases. The key is the Kazaa shared folder. It’s public and open to anyone running Kazaa, not just MediaSentry. So the fact is that you or I could have produced the exact same evidence as MediaSentry by doing what any pirate does, without “investigation” or licensing. Had MediaSentry required a warrant for a wiretap, for instance, the situation would be quite different. But the “issue” you raise is old news, Drew, long discredited and an observation with no legitimacy anymore.

“Going through the case, there were many instances that made the plaintiffs look borderline criminal to the common person.” 

If you can name just one instance and provide evidence to support it, send it to Joel’s legal team. Charlie Nesson is legendary and one of the best in the business, but he may have missed something that you caught.

“No critical question was answered.” 

Actually, several depositions were taken under oath prior to the trial and then five long days of critical questions were answered, and this is the second trial with many other questions asked that still produced a similar outcome. Nesson had every opportunity to ask the questions he felt pertinent. What Joel did was illegal, Drew, and he did it repeatedly then admitted everything under oath. What other question would you suggest Nesson should have asked? Not only has Judge Gertner’s honor never been questioned or evidenced in the slightest to be unjust, she is on record several times being critical of the recording industry. And she is well connected to Nesson in the past. The jury also has every appearance of being impartial and that is why Joel’s legal team approved them all. Your criticism here suggests that given the exact same trial and questions but with Joel found innocent instead of pleading guilty, you’d voice no problem with the way the justice system worked.

“Just a simple, slice out any court clarification on how evidence is gathered and just fine the person. That is an injustice from my standpoint.”

You are certainly entitled to an opinion even when it is flawed, factually incorrect and so far, unsupported. I’ve always enjoyed ZeroPaid but quality reporting is the basis of your authority.  Websites like this one commit the true injustice by leading their readership away from the facts in these cases,  appearing to promote  misunderstanding. This is a bad strategy, for it ultimately weakens the pirates position where it may ultimately count the most, in the court of public opinion.</description>
		<content:encoded><![CDATA[<p>“There was a huge host of arguments that were made such as the simple fact that the investigation techniques used by the copyright industry were illegal. There was nothing in the court documents in question that said that this was even considered.”</p>
<p>That’s not a huge host, Drew, that’s one suggestion by you that MediaSentry’s methods are illegal. If you look at the caselaw that precedes this you’d know that MediaSentry has been carefully reviewed in multiple cases in various jurisdictions, and in every case found to be sound and on solid legal ground. This wasn’t considered in Joel’s case because it’s now a false accusation and set aside in previous cases. The key is the Kazaa shared folder. It’s public and open to anyone running Kazaa, not just MediaSentry. So the fact is that you or I could have produced the exact same evidence as MediaSentry by doing what any pirate does, without “investigation” or licensing. Had MediaSentry required a warrant for a wiretap, for instance, the situation would be quite different. But the “issue” you raise is old news, Drew, long discredited and an observation with no legitimacy anymore.</p>
<p>“Going through the case, there were many instances that made the plaintiffs look borderline criminal to the common person.” </p>
<p>If you can name just one instance and provide evidence to support it, send it to Joel’s legal team. Charlie Nesson is legendary and one of the best in the business, but he may have missed something that you caught.</p>
<p>“No critical question was answered.” </p>
<p>Actually, several depositions were taken under oath prior to the trial and then five long days of critical questions were answered, and this is the second trial with many other questions asked that still produced a similar outcome. Nesson had every opportunity to ask the questions he felt pertinent. What Joel did was illegal, Drew, and he did it repeatedly then admitted everything under oath. What other question would you suggest Nesson should have asked? Not only has Judge Gertner’s honor never been questioned or evidenced in the slightest to be unjust, she is on record several times being critical of the recording industry. And she is well connected to Nesson in the past. The jury also has every appearance of being impartial and that is why Joel’s legal team approved them all. Your criticism here suggests that given the exact same trial and questions but with Joel found innocent instead of pleading guilty, you’d voice no problem with the way the justice system worked.</p>
<p>“Just a simple, slice out any court clarification on how evidence is gathered and just fine the person. That is an injustice from my standpoint.”</p>
<p>You are certainly entitled to an opinion even when it is flawed, factually incorrect and so far, unsupported. I’ve always enjoyed ZeroPaid but quality reporting is the basis of your authority.  Websites like this one commit the true injustice by leading their readership away from the facts in these cases,  appearing to promote  misunderstanding. This is a bad strategy, for it ultimately weakens the pirates position where it may ultimately count the most, in the court of public opinion.</p>
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		<title>By: Tenenbaum Fined $675,000 for Sharing 30 Works</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-198188</link>
		<dc:creator>Tenenbaum Fined $675,000 for Sharing 30 Works</dc:creator>
		<pubDate>Sat, 01 Aug 2009 08:34:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-198188</guid>
		<description>[...] the judge simply told the jury to decide on a fine, and not asking them to consider the validity of evidence presented by the [...]</description>
		<content:encoded><![CDATA[<p>[...] the judge simply told the jury to decide on a fine, and not asking them to consider the validity of evidence presented by the [...]</p>
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		<title>By: DrewWilson</title>
		<link>http://www.zeropaid.com/news/86755/judge-in-tenenbaum-case-to-jury-defedant-guilty-pick-a-fine/#comment-198184</link>
		<dc:creator>DrewWilson</dc:creator>
		<pubDate>Sat, 01 Aug 2009 06:53:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.zeropaid.com/?p=86755#comment-198184</guid>
		<description>There was a huge host of arguments that were made such as the simple fact that the investigation techniques used by the copyright industry were illegal.  There was nothing in the court documents in question that said that this was even considered.  Going through the case, there were many instances that made the plaintiffs look borderline criminal to the common person.  No critical question was answered.  Just a simple, slice out any court clarification on how evidence is gathered and just fine the person.  That is an injustice from my standpoint.</description>
		<content:encoded><![CDATA[<p>There was a huge host of arguments that were made such as the simple fact that the investigation techniques used by the copyright industry were illegal.  There was nothing in the court documents in question that said that this was even considered.  Going through the case, there were many instances that made the plaintiffs look borderline criminal to the common person.  No critical question was answered.  Just a simple, slice out any court clarification on how evidence is gathered and just fine the person.  That is an injustice from my standpoint.</p>
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