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...deposition of Joel Tenenbaum, alleged file-downloader, alleged file-sharer, took place at 9:15 on a Wednesday morning late last September, in the skyscraper-bound Boston law offices of the commercial law firm Robinson and Cole. Just steps away, in a small Starbucks coffee shop situated right off the windswept brick pavement of Government Center square, the notoriously quirky Harvard Law professor Charles R. Nesson ’60, still in his first week representing Tenenbaum, prepped his young client in the moments before the encounter...

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

...under oath and given very few grounds for objection, the deposed party has no recourse for evasion. Add to this the fact that depositions often last for hours and even days, and you get a process that is fatiguing at best, and overwhelmingly invasive at worst. But neither Tenenbaum nor his newly retained lawyer had any intention of trying to make the proceedings move quickly. “The judges are the kings, the lawyers are the wizards, and you’re the warrior,” Tenenbaum recalls Nesson saying that morning. “You have...

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

...Tenenbaum took the advice seriously. With Nesson’s approval, the 25-year-old Boston University physics student showed up for the deposition clad in a Red Sox t-shirt—a dig at his assailants, Denver-based lawyers, whose hometown team, Major League Baseball’s Colorado Rockies, had been swept by the Sox in the 2007 World Series. A pair of sunglasses—a warrior’s armor—hid his eyes during the proceedings...

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

...Tenenbaum is not shy about using military metaphors when describing his legal struggles. Nesson is a “shield,” litigation tactics are “guns,” opponents’ complaints are “arrows.” And in fact the scene that played out around him during the deposition was, for all intents and 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...

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

...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 of something only “to the extent that anyone can know anything about what they did while they were conscious”; Burton, requesting that Joel...

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

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