The history of an analogous District of Minnesota case, Capitol Records Inc v. Thomas-Rasset, which generated a verdict of $1.92 million or $80,000 per song, was also hotly debated. The case is headed for a third trial following Chief Judge Michael Davis’ order last month to cut the verdict to $54,000. Davis’ order called the verdict “monstrous and shocking.”

The hearing in Sony BMG Music v. Tenenbaum was about Tenenbaum’s challenge to the July 31 verdict in Capitol Records Inc. v. Alaujan.

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