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...nearly unthinkable that such a precedent would be changed. “I’m worried by your statement that “our case is fair use,” wrote Harvard Law professor Terry Fisher, who had been slated as a witness for the Tenenbaum side. “I fear that what I have to say will not contribute to that assertion. Moreover, I will be subject to cross-examination, in which I will have to say the opposite...

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

...legal prerogative known as “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...

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

...that’s generated by all the courts that deal with all the lawyers that have run into the courts to try and stop the future,” he says. But for Nesson, the future is something to be invited. "There’s another side, completely different and forward-looking, which is not how do you stop [the future], but how do you reshape it in order to thrive….That’s clearly where I’m at and its clearly a form of legal practice and legal academic thought that is different...

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

...purposes, an ideological war. For the duration of one September day, Suite 2500 in the One Boston Place skyscraper housed a struggle between two narratives about the American legal system’s adaptation to a world transformed by the powerful technologies of the last decade. On one side was the free-thinking professor, the king of the copyright-left, the self-avowed champion of openness and liberation, of an unfettered Internet and all its trappings. On the other were the corporate professionals from the Recording Industry Association of America—the Institution, the upholders of regulation and federal...

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

...from my side the path is straight: the copyright giant does not care whether bits are books or music: its goal is control: close the net –Charles Nesson’s Twitter, April...

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

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