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...small strategy session was well-warranted. In the array of “discovery” tools available to civil litigators for building a case pre-trial, deposition is one of the most powerful—an opportunity for one side’s lawyers to conduct a virtual interrogation of potential witnesses, often at their own law offices, with a court reporter present to transcribe. Put under oath and given very few grounds for objection, the deposed party has no recourse for evasion. Add to this the fact that depositions often last for hours and even days...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part I | 5/9/2009 | See Source »

...record companies were never going to sue you in a million years because it was low level, it was totally under the radar, and they just sort of considered it a cost of doing business,” says Benjamin S. Sheffner ’93, the copy-conservative lawyer behind the popular copyright blog “Copyrights and Campaigns.” “The Internet completely changed the game—all of a sudden the teenager who used to be making a mix-tape for his friend can make millions of perfect copies and send...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part I | 5/9/2009 | See Source »

...traveled quickly about his academic achievements, but Nesson hardly seemed to be straining. “He seemed to be a very nice guy, very amiable, not the catatonic types that you often find at Harvard law school,” recalls classmate Thomas J. Malmud, now a practicing lawyer in New York, who had a passing acquaintance with Nesson while the two were in school. “He seemed very relaxed, which also distinguished him from most...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part I | 5/9/2009 | See Source »

...much for work, and ties don’t appear to be a consistent part of his repertoire. Black turtlenecks, black Berkman Center fleeces, black bubble vests—all fairly casual—tend to dominate his on-campus wardrobe. At his first meeting with his new lawyer, Joel recalls, he found Nesson sitting in his office clad in a T-shirt that read “Gay?...Fine By Me”—part of a Law School campaign to encourage openness...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part I | 5/9/2009 | See Source »

...similar reactions have followed several of Nesson’s antics—a stable that includes posting internal legal documents and e-mails online for comment and revision, continually seeking to record his interactions with opposing counsel, and seeking to publicly depose the opposing side’s lawyer (a rarity in its own right) in the Ames Courtroom on the Harvard Law campus, so that an audience could attend. It’s not easy, perhaps, for the uninitiated to sort out the strangeness of these measures, but in the legal world, a profession where...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part I | 5/9/2009 | See Source »

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