Word: cases
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...writer—a broad-shouldered, head-shaved, third-year from Florida who attended journalism school as an undergraduate, still occasionally free-lances for the guitar periodical “Bass Player,” and has taken the lead on many of the legal aspects of the Tenenbaum case. Debbie Rosenbaum, a joint degree candidate at the Business School and the Law School, handles the public relations for the team—a job that she is said to have won after challenging the expertise of a professional PR consultant that Nesson invited to CyberOne in the fall. Isaac...
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...
More innovation followed soon after, when Nesson decided that, in the interests of open access, the proceedings of the Tenenbaum case should be available online. “[In] the original constitution, the idea of a public trial was that anybody from the village could come and see the trial,” Nesson tells me. “So now, all of a sudden, we find ourselves in an internet world where the technology permits everyone in the village to come to the trial again...Law needs to be aware of that.” In late December...
...about the use of the legal process to close down the internet and you don’t want to get all fluffy and ‘ra ra democracy,’ but the fact of the matter is that every time a private interest wins a case that does more to privatize, we’re this much closer to being fucked as a society...
...April, the First Circuit Appeal is over—a loss for the Tenenbaum team—and there’s an even greater sense of urgency in the air. The case would have to proceed, it appeared, without the “village” full of Web viewers. Nesson, who had made what one judge called a “powerful, eloquent” argument in support of the Web cast just a few weeks earlier, had predicted the opposite outcome, making the result all the more jarring. “The troops are disheartened...