Word: gertner
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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...
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...
...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...