Word: recordability
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...course, not all jury outcomes are necessarily favorable. If the Tenenbaum case goes to trial, it will be the second of its kind. The only other case from the recording industry’s five-year litigation campaign to reach a jury was that of a Minnesota woman named Jammie Thomas, who was sentenced in 2007 to pay $220,000 to the record companies for her file-sharing activities. A juror went on record after that trial calling Thomas a “liar.” (Thankfully for Thomas, a judge later threw out the trial verdict, invalidating...
...generation full of Joel Tenenbaums, weaned on technology and proficient on the net, there’s more riding on this debate than ever before. “Back in the 80s if you made a mix cassette tape for your friends, that was probably illegal, but the 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...
...said, there was a need for a more conservative viewpoint. “When you go on the Internet and you want to read about copyright issues, ninety-nine percent of what you read is ‘the RIAA is evil,’ ‘the record companies are evil,’ ‘copyright law has take over, and it’s unreasonable,’” he said. “And I’ve felt for a long time…that copyright owners are too reluctant...
...RIAA announced that they would start suing hundreds of individual file-sharers for their activities, Nesson began thinking about representing a Harvard student, but was unable to find one affected by the industry’s campaigns. In this sense, Joel Tenenbaum, a student, sued by five major record labels for downloading seven songs and sharing several others while he was still in high school, was a windfall. Here was a chance to take action against an industry that, to Nesson’s mind, is advocating the repression of a fundamental freedom to access and trade information...
...legal side, 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...