Word: tenenbaums
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...April, the First Circuit Appeal is over—a loss for the Tenenbaum team—and there’s an even greater sense of urgency in the air. The case would have to proceed, it appeared, without the “village” full of Web viewers. Nesson, who had made what one judge called a “powerful, eloquent” argument in support of the Web cast just a few weeks earlier, had predicted the opposite outcome, making the result all the more jarring. “The troops are disheartened...
...convention. The First Circuit decision against Web-casting came on April 16. Just a couple of weeks earlier, the professor had made waves in the legal community when he posted an e-mail chain to his blog suggesting an idea for a new, radical defense. Perhaps individuals like Tenenbaum, downloading music for free on-line several years ago when there weren’t any suitable for-pay options such as iTunes, weren’t committing a copyright infraction. Perhaps, Nesson now surmised, such activity wasn’t illegal at all, falling under the umbrella of what...
When I visited the Tenenbaum team in late April, the notion wasn’t going over well. In private e-mails later posted to Nesson’s blog, some of the nation’s top copyleft academics—the very people who Nesson had intended to recruit as expert witnesses for his side—had decried the idea. Fair use is typically assessed based on a four-factor test that includes such questions as how much of a particular published material is being copied and what effect the copying might have on the material?...
...skepticism over fair use, that it’s the jury’s mind they need to read—not the judges, not his colleagues’, not his own. It’s also one of the motivating forces behind the public relations machine that the Tenenbaum team has built: the students maintain a Twitter feed, a blog, and a Web site, make YouTube videos and press releases, and stage events (Joel’s mother recently gave a harp recital in Harvard Square.) Win the collective will of the people, the idea seems...
...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...