Word: tenenbaum
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Defendant Joel Tenenbaum was dealt a blow in the second-ever jury trial on file-sharing on Monday when Judge Nancy Gertner ruled against the unusual strategy his legal team had planned...
Nesson, who co-founded the Berkman Center for Internet and Society in 1996, is expected to defend his client by challenging the constitutionality of the damages Tenenbaum faces. Nesson has argued that the RIAA and the plaintiffs—which include Sony and Warner Brothers—are "seeking to punish him beyond any rational measure of the damage he allegedly caused," and such a punishment would violate the 5th and 8th Amendments...
...Tenenbaum was initially accused of illegally sharing seven songs, a tally later increased to 30 songs. The RIAA estimates that illegal music-sharing worldwide costs $12.5 billion each year and causes 71,000 job losses in the United States...
...such, Nesson plans to argue that Tenenbaum's actions constituted "fair use" of the copyrighted songs he allegedly downloaded. Fair use is determined by four factors—the purpose of one's use, the type of work under copyright protection, the amount and importance of the portion used, and the effect of the use on the market...
...cyberlaw professors at Harvard agree with Nesson's unorthodox approach. In an emailed exchange, Law School professor Lawrence Lessig, who argued against copyright extensions before the Supreme Court, wrote that Nesson did "the law too much kindness by trying to pretend (or stretch) 'fair use' excuses what [Tenenbaum...