Word: legality
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...whole point is that I’m just one person among 40,000 who’s in the same circumstances,” he says, referencing the other individuals who were sued by record labels during the recording industry’s recently-halted five-year legal campaign against individual file-sharers. “My role in the case is not just a matter of consequences...
...much everything but the New York Times, it seems, much to his wry chagrin. At this point, Joel has participated in public panel discussions about his case. He’s had the opportunity to engage in meandering philosophical conversations with one of the nation’s foremost legal minds (“What do you think it means to know something?” he asked Nesson during a break in the action at one of the legal proceedings), he’s appeared in professional photo shoots with the team of Harvard Law hot-shots undertaking...
...Matt Sanchez, the document writer—a broad-shouldered, head-shaved, third-year from Florida who attended journalism school as an undergraduate, still occasionally free-lances for the guitar periodical “Bass Player,” and has taken the lead on many of the legal aspects of the Tenenbaum case. Debbie Rosenbaum, a joint degree candidate at the Business School and the Law School, handles the public relations for the team—a job that she is said to have won after challenging the expertise of a professional PR consultant that Nesson invited to CyberOne...
While he celebrates participation and even dissension, Nesson is the guiding force at clinical meetings, seated at his large, elbowed desk, arms often clasped behind his head. The team’s 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...
...access to information online. “At a very basic level, this is about the privatization of the Internet,” one of Nesson’s students tells me while working on the appeal. “It’s about the use of the legal process to close down the internet and you don’t want to get all fluffy and ‘ra ra democracy,’ but the fact of the matter is that every time a private interest wins a case that does more to privatize, we?...