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...support team that handles much of the day-to-day business of the Tenenbaum case meets weekly in Nesson’s fifth-floor office in Griswold Hall, nestled just behind the Law School’s formidable Langdell library. There’s five of them officially, drawing spring course credit for the 10 to 15 hours a week they are expected to devote to the “RIAA clinical.” But the retinue that composes team Tenenbaum is a bit bigger than that, extending to include the undergraduate Meister, a couple of interested first-years...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

While he celebrates participation and even dissension, Nesson is the guiding force at clinical meetings, seated at his large, elbowed desk, arms often clasped behind his head. The team’s legal argument has never lacked for novelty. When he initially took the Tenenbaum case, Nesson made it clear that he would launch a constitutional attack on the so-called “Digital Theft Deterrence Act,” which mandates damages of up to $150,000 for willful copyright infractions. Such a scale for damages was disproportionate to any harm committed, the team suggested, putting...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...September 2007, two men lit up a marijuana cigarette behind a booth in Boston Commons. The activity was hardly unique to the occasion: the 18th annual Boston Freedom Rally was, like its 17 predecessors, a joint concert-and-protest event aimed at boosting the campaign to legalize marijuana. Nor was the action entirely spontaneous: the two men were Keith Stroup and Richard Cusick, they were, respectively, the founder of the National Organization for the Reform of Marijuana Laws (NORML) and the publisher of High Times Magazine, and they intended to make a statement. Taken into custody by an officer...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...tactic was about more than just making a scene. What Stroup and Cusick had been doing behind the NORML/High Times booth was illegal: this was hardly in doubt. But by demanding a trial, Nesson and his clients were hoping to make a start on changing that—tapping the power of a little-used legal prerogative known as “jury nullification.” In old English common law, if a jury felt that a particular law was destructive to liberty, it could refuse to render a guilty verdict on the basis of that law?...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...students, in the midst of the skepticism over fair use, that it’s the jury’s mind they need to read—not the judges, not his colleagues’, not his own. It’s also one of the motivating forces behind the public relations machine that the Tenenbaum team has built: the students maintain a Twitter feed, a blog, and a Web site, make YouTube videos and press releases, and stage events (Joel’s mother recently gave a harp recital in Harvard Square.) Win the collective will of the people...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

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