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...fact, the question was a telling one. Nesson carries around a digital recorder with him at all times. His blog boasts a taped discussion with a policeman in which the professor offers details on a domestic altercation with his wife, Fern. (There’s also an apology to Fern for “revealing”—that is, posting online—an unrelated conversation between the pair of them, which he taped without her consent.) In short, Nesson has something of a track-record for causing trouble with unauthorized recordings. In the fall...

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

...observation again raises a question that’s not uncommon among those who’ve dealt with Nesson: Is he brash, disrespectful, and out of his mind? Or is he simply five steps ahead of everybody else? For Nesson and his team, the Tenenbaum case has never been solely about file-sharing charges. It’s about defending open access, to the internet and to the judicial process. Making a recording of a meeting with a judge available online speaks to that agenda. And that, Nesson believes, is worth ruffling some feathers...

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

...jury nullification.” In old English common law, if a jury felt that a particular law was destructive to liberty, it could refuse to render a guilty verdict on the basis of that law—the effect being to side-step the question of whether a particular action is illegal by indicting the law itself. Nullification is a rare occurrence in the American judicial system, and in fact jurors are not allowed to be told that they have the capacity to nullify, precisely because it is such a powerful tool. A refusal of a legal mandate, even...

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

Conducting the questioning for the plaintiffs was Eve Goldstein Burton, a young University of Virginia J.D., pregnant at the time of questioning (“lady tiger pregnant with twins examining joel” reads one of Nesson’s digital updates from the deposition.) The 270-page transcript from that day, documenting what turned into a nine-hour marathon, is peppered with oddities: Nesson offering his encouragement (“Be proud”) while Tenenbaum fields a question about whether he downloaded pornography; Tenenbaum, in a fit of philosophical whimsy, informing the plaintiffs that he was sure...

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

Exams, traditionally the primary pressure point of a Law student’s term, are more of the same. Nesson’s final for his winter-term “Evidence” class consisted of two digital audio files, and a single question: “Of what is this evidence?” The first of the two recordings is particularly bizarre—an eery mash-up; distorted snatches of speech echoing over hollow instrumentals below. Of what is this evidence? Nesson posts the answers to his blog. Many are highly cryptic, even incomprehensible. Some include...

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

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