Word: copyright
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Such a defense, if successful, would have also introduced a novel meaning of copyright law as it applies to digital media. Nesson's argument, Gertner said, would have legalized any downloading of copyrighted material so long as it was used for a person's private enjoyment...
...well-known proponent for freedom of Internet use, Nesson wrote that he does not dispute the need for copyright laws. Instead, he wrote, existing copyright laws should be modified to reflect the evolving social norms of a digital, interconnected world...
...such, Nesson plans to argue that Tenenbaum's actions constituted "fair use" of the copyrighted songs he allegedly downloaded. Fair use is determined by four factors—the purpose of one's use, the type of work under copyright protection, the amount and importance of the portion used, and the effect of the use on the market...
...Nesson's strategy succeeds, the case could set a precedent that legalizes all non-commercial file-sharing, on the grounds that such behavior in a digital society does not violate existing copyright laws...
...cyberlaw professors at Harvard agree with Nesson's unorthodox approach. In an emailed exchange, Law School professor Lawrence Lessig, who argued against copyright extensions before the Supreme Court, wrote that Nesson did "the law too much kindness by trying to pretend (or stretch) 'fair use' excuses what [Tenenbaum...