Word: copyrighted
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Dates: during 2000-2009
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...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 it in violation of the constitutional provision against “cruel and unusual” punishment and potentially “slamming the courthouse door” on those too cowed...
...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’t illegal at all, falling under the umbrella of what is known to the legal community as “fair...
...September day, Suite 2500 in the One Boston Place skyscraper housed a struggle between two narratives about the American legal system’s adaptation to a world transformed by the powerful technologies of the last decade. On one side was the free-thinking professor, the king of the copyright-left, the self-avowed champion of openness and liberation, of an unfettered Internet and all its trappings. On the other were the corporate professionals from the Recording Industry Association of America—the Institution, the upholders of regulation and federal conservatism. Nesson, armed with a digital voice recorder...
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...
...online copyright debate, at its most fundamental level, breaks down to a disagreement between the “copyleft’ (those in favor of free distribution and download of digital material on the Internet) and the copy-conservatives (those who claim that such practices are disastrous for artists, industry, and by extension the economy as a whole.) For a generation full of Joel Tenenbaums, weaned on technology and proficient on the net, there’s more riding on this debate than ever before. “Back in the 80s if you made a mix cassette tape...