Word: fairness
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...Harvard Law School professor Charles R. Nesson '60, Tenenbaum's lawyers had said they would argue that downloading songs for non-commercial purposes constituted "fair use" of copyrighted material. If so, the plaintiffs--several large recording companies including Sony and Warner Bros--would not be justified in claiming millions in damages...
Though she dismissed Tenenbaum's defense, calling it "so broad that it would swallow the copyright protections that Congress has created," Gertner acknowledged situations in which downloading copyrighted files might fall under fair...
...instance, Gertner said, an individual who deleted the files after "sampling" them or created them from previously purchased CDs to free up physical storage space might be able to argue fair use. And a defendant who shared copyrighted files during a period of time before there existed clear file-sharing laws and legal, fee-based sources of online music would present a "strong case" for fair...
...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...
...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...