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United States Court of Appeals
For the First Circuit
Nos. 10-1883, 10-1947, 10-2052SONY BMG MUSIC ENTERTAINMENT, ET AL.,Plaintiffs, Appellants/Cross-Appellees,v.JOEL TENENBAUM,Defendant, Appellee/Cross-Appellant.APPEALS FROM THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTS[Hon. Nancy Gertner, U.S. District Judge]BeforeLynch, Chief Judge,Torruella and Thompson, Circuit Judges.Paul D. Clement, with whom Jeffrey S. Bucholtz, Erin E.Murphy, King & Spalding, LLP, Timothy M. Reynolds, Eve G. Burton,Holme, Roberts & Owen, LLP, Matthew J. Oppenheim, and Jennifer L.Pariser were on brief, for plaintiffs-appellants.Jeffrey Clair, with whom Tony West, Assistant AttorneyGeneral, Carmen Ortiz, United States Attorney, and Scott R.McIntosh were on brief, for the United States as plaintiff-appellant.Charles R. Nesson and Jason Harrow for defendant-appellee.Julie A. Ahrens, with whom Anthony T. Falzone, Stanford LawSchool Center for Internet & Society, Michael Barclay, CorynneMcSherry, Electronic Frontier Foundation, Jason M. Schultz,Samuelson Law, Technology & Public Policy Clinic, were on brief forElectronic Frontier Foundation, amicus curiae.
 
September 16, 2011
 
LYNCH, Chief Judge
.Plaintiffs, the recording companiesSony BMG Music Entertainment, Warner Brothers Records Inc., AristaRecords LLC, Atlantic Recording Corporation, and UMG Recordings,Inc. (together, "Sony"), brought this action for statutory damagesand injunctive relief under the Copyright Act, 17 U.S.C. § 101 etseq. Sony argued that the defendant, Joel Tenenbaum, willfullyinfringed the copyrights of thirty music recordings by using file-sharing software to download and distribute those recordingswithout authorization from the copyright owners.The district court entered judgment against Tenenbaum asto liability. The jury found that Tenenbaum's infringement of thecopyrights at issue was willful and awarded Sony statutory damagesof $22,500 for each infringed recording, an award within thestatutory range of $750 to $150,000 per infringement that Congressestablished for willful conduct. See 17 U.S.C. § 504(c).Upon Tenenbaum's motion for a new trial or remittitur,the district court skipped over the question of remittitur andreached a constitutional issue. It reduced the damage award by afactor of ten, reasoning that the award was excessive in violationof Tenenbaum's due process rights. See Sony BMG Music Entm't v.Tenenbaum, 721 F. Supp. 2d 85 (D. Mass. 2010).The parties have cross-appealed. Sony argues thedistrict court erred, for a number of reasons, in reducing the-3-
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