Word: nesson
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Debbie Rosenbaum, a joint Law School and Business School student who is participating in Tenenbaum's defense, said that she and Nesson were disappointed that they would not be able to frame the case in the terms of "fair...
...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...
Such a defense, if successful, would have also introduced a novel meaning of copyright law as it applies to digital media. Nesson's argument, Gertner said, would have legalized any downloading of copyrighted material so long as it was used for a person's private enjoyment...
...previous court filings related to Tenenbaum's case, Nesson has argued that the Digital Theft Deterrence Act is essentially a criminal statute, and consequently the large damages awarded—significantly more than the cost of legally downloading a song—violate the 5th and 8th Amendments...
...Nesson is no stranger to controversy, most recently defending two men accused of smoking marijuana by calling for jury nullification--for the jury to return a vote of "not guilty" despite acknowledging a violation of the law. (Lessig wrote in an email that jury nullification would be "the only honest frame for Joel's case...