Word: copyrighting
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...copyright blogger Sheffner’s warning about angering judges has appeared at times to be on the mark. In one March ruling, on a motion filed by the Tenenbaum team that was found lacking on several procedural points amidst, the Judge had a strong message for Nesson. “Nothing entitles the Defendant to engraft his own conditions on the Federal Rules of Civil Procedure or the Local Rules of this Court, or to dispense with them where they fail to suit his counsel’s teaching style,” Gertner wrote...
...crazy to advance this argument to an american jury in a kid’s defense against being crushed by the copyright giant for seven clicks? –Charles Nesson’s Twitter...
...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...