Word: gertner
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Dates: during 2000-2009
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...Nesson, known for advancing unusual legal arguments, said that the damages awarded would bankrupt Tenenbaum, and that his client would ask Judge Nancy Gertner to reduce the sum to a more "reasonable" level. In the only previous such case to go to trial, Capitol v. Thomas, the plaintiffs were awarded $9,250 per song, an amount raised to $80,000 per song in the re-trial for a total of $1.92 million...
...Tenenbaum's legal team had initially planned to argue that Tenenbaum's actions constituted "fair use" of the copyrighted material, but Gertner rejected the argument early Monday morning before the trial started. The defense then attempted to portray Tenenbaum as a "young child" exploring the boundaries of a digital world, while framing the recording industry's recent struggles as a "coming of age story" that parallels technological advances...
...young man, he appealed a ruling for a traffic violation), a concluding allegory about a wise old man and a bird ("the bird is in your hands," he told the jury), and a portion during which he intended to have jurors listen to a song (quashed by Gertner in the interests of time...
...Since Gertner has closed off this avenue of argument, a verdict of not guilty is "unlikely," she said, given that Tenenbaum has all but admitted to the act of downloading copyrighted material. Instead, their goal will be to convince the jury to minimize any damages Tenenbaum must...
...Gertner criticized the size of the damages sought by the recording industry last fall in a separate case...