By Jonathan Saltzman, Globe Staff
A Boston University graduate student fighting the recording industry over illegal downloading and online sharing of music today conceded from the witness stand that he infringed on the copyrights of the 30 songs for which he was sued.
"Are you now admitting liability for downloading and distributing all 30 songs" that are at issue in the civil lawsuit? asked Timothy M. Reynolds, a lawyer for four record labels.
"Yes," Joel Tenenbaum, the 25-year-old graduate student, said near the conclusion of about three hours on the witness stand in US District Court in Boston.
The acknowledgment by Tenenbaum raised the possibility that the recording industry will ask US District Judge Nancy Gertner at the end of the trial to rule that Tenenbaum was liable for copyright infringement and that the jury should only consider the issue of damages.
Gertner has told lawyers for both sides that she wants the jury to get the case Friday. But the plaintiffs are still presenting evidence, and Tenenbaum's lawyers plan to call at least one witness.
Tenenbaum's admission was not entirely unexpected. Earlier on the witness stand, he unapologetically admitted downloading hundreds of songs since around 1999. He also matter-of-factly admitted lying about it in sworn statements to the record labels and falsely blaming it on others who might have had access to his computer at his house in Providence, including his two sisters, friends, and house guests.
After Tenenbaum admitted liability under questioning by Reynolds, the student's lawyer, Harvard Law professor Charles Nesson, asked Tenenbaum whether he now thinks what he did was wrong.
"I think it's part of the process of growing up and learning things," Tenenbaum said. "It's nothing I do now or have done in a while."
His suit is only the second of thousands of legal complaints filed by the industry over illegal downloading to go to trial. Most defendants settle such complaints. If he loses, the jury could award the labels as much as $150,000 for each willful infringement, or a total of $4.5 million.
Hope he gets hit with the $4.5 mil judgment. Stealing is stealing even if 'everybody else' does it. That's not a legal defense.