Word: aprill
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...from backing down, Nesson was already incubating a new assault on convention. The First Circuit decision against Web-casting came on April 16. Just a couple of weeks earlier, the professor had made waves in the legal community when he posted an e-mail chain to his blog suggesting an idea for a new, radical defense. Perhaps individuals like Tenenbaum, downloading music for free on-line several years ago when there weren’t any suitable for-pay options such as iTunes, weren’t committing a copyright infraction. Perhaps, Nesson now surmised, such activity wasn?...
When I visited the Tenenbaum team in late April, the notion wasn’t going over well. In private e-mails later posted to Nesson’s blog, some of the nation’s top copyleft academics—the very people who Nesson had intended to recruit as expert witnesses for his side—had decried the idea. Fair use is typically assessed based on a four-factor test that includes such questions as how much of a particular published material is being copied and what effect the copying might have on the material?...
...Nesson forged ahead, more boldly still. A week after the First Circuit ruled “no” on the Webcast, there’s talk of an appeal to the Supreme Court on the issue. At the April team meeting I attend, Nesson proposes suing the judges on the panel, counting them as complicit in an abuse of legal process for their erroneous ruling. The office, filled with chairs and laptops, erupts. Four letter words fly. The volume rises. Ray Bilderbeck, the clinical’s notorious dissenter, puts his head back and laughs flat...
judges say what the law is, but the law is not what the judges say it is. the law is above them, as it is above me. i answer to it, as they –Charles Nesson’s Twitter, April...
from my side the path is straight: the copyright giant does not care whether bits are books or music: its goal is control: close the net –Charles Nesson’s Twitter, April...