Judge to RIAA – reveal ‘secret’ revenue stats

“The RIAA’s motion to keep secret the record companies’ 1999-to-date revenues for the copyrighted song files at the heart of the case has been denied, in the Boston case scheduled for trial July 27th, SONY BMG Music Entertainment v. Tenenbaum.

 “The Judge had previously ordered the plaintiff record companies to produce a summary of the 1999-to-date revenues for the recordings, broken down into physical and digital sales. On the day the summary was due to be produced, instead of producing it, they produced a ‘protective order motion’ asking the Judge to rule that the information would have to be kept secret.

“The Judge rejected that motion: ‘the Court does not comprehend how disclosure would impair the Plaintiffs’ competitive business prospects when three of the four biggest record labels in the world — Warner Bros. Records, Sony BMG Music Entertainment, and UMG Recording, Inc. — are participating jointly in this lawsuit and, presumably, would have joint access to this information.'”

That’s Timothy on Slashdot.

Below is a list of songs worth $675,000, according to Warner Bros Records, Sony BMG Music Entertainment, and UMG Recording, Inc.

That was the final amount Big Music, taking the advice of the recording industry Association of everywhere-but-America, finally settled on in the case of Joel Tenenbaum, the Boston student who allegedly committed  the heinous crime of downloading songs

Also in a Slashdot post,   “Judge Gertner — the District Judge at the time — felt that remittitur would be a futility, and on constitutional grounds reduced the verdict to $2250 per file,” says Country Lawyer, adding,

“The RIAA appealed.The 1st Circuit Court of Appeals remanded on the ground that Judge Gertner ought to have decided the question on remittitur grounds and reached the constitutional question prematurely,”

“By the time the case arrived back in District Court, Judge Gertner had retired, and a new judge — Judge Rya Zobel — had been assigned.”

“Judge Zobel denied the remittitur motion. And then Judge Zobel denied the constitutional motion, leaving the larger verdict in place.

“I think it is reasonable to expect Tenenbaum to appeal this time around.”

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