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...anyone special,” Tenenbaum says, reflecting on the case one afternoon, across the table at Espresso Royale, a popular coffee spot on the Boston University campus. Tenenbaum is fairly uninvolved with the workings of the case these days. But in the spirit of the openness that has come to characterize the defense, he feels compelled to be open to media queries. “The whole point is that I’m just one person among 40,000 who’s in the same circumstances,” he says, referencing the other individuals who were...
Recording had already become an issue in the Tenenbaum case by the time Gertner made her status call. After watching Nesson take audio of his client’s deposition, the recording industry’s lawyers told him in November that they would not consent to being recorded in any of the mandatory meet-and-confer session that occur periodically in cases between counsel from the opposing sides. After protesting that he needed the recordings as a teaching tool, Nesson said he would refuse to participate in any more of the meetings. The Court was not pleased...
...long pause follows, before Nesson’s reply: “I feel bad about that, I truly do, because in some sense this is all about the [Inter]net being present in the court and being able to litigate a case in a way that it is open...
...observation again raises a question that’s not uncommon among those who’ve dealt with Nesson: Is he brash, disrespectful, and out of his mind? Or is he simply five steps ahead of everybody else? For Nesson and his team, the Tenenbaum case has never been solely about file-sharing charges. It’s about defending open access, to the internet and to the judicial process. Making a recording of a meeting with a judge available online speaks to that agenda. And that, Nesson believes, is worth ruffling some feathers...
Tenenbaum, the person who stands to lose thousands of dollars in damages if Nesson’s designs implode, seems to accept it all in stride. Sued in 2007, he fought his case for a year with the help of only his mother, a small-time family lawyer with little knowledge of civil procedure. The experience was, he says, emotionally and physically destructive, filled with rough treatment and strident demands by the corporate lawyers arrayed against him. When a Massachusetts District Judge contacted Nesson to see if he would take on Joel’s case, it was a relief?...