Word: tenenbaum
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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...
...Tenenbaum, a 25-year-old graduate student at Boston University, stands accused of illegally downloading 30 music files using Kazaa. Under the 1999 Digital Theft Deterrence Act, he faces maximum penalties of $150,000 damages per file, or $4.5 million total, if found guilty...
...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...
Though she dismissed Tenenbaum's defense, calling it "so broad that it would swallow the copyright protections that Congress has created," Gertner acknowledged situations in which downloading copyrighted files might fall under fair...
Since Gertner has closed off this avenue of argument, a verdict of not guilty is "unlikely," she said, given that Tenenbaum has all but admitted to the act of downloading copyrighted material. Instead, their goal will be to convince the jury to minimize any damages Tenenbaum must...