Word: tenenbaums
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...least a few of Nesson’s students have been central to his involvement with Tenenbaum since the beginning, this fall, when he brought Joel to a meeting of his “CyberOne: Law in the Court of Public Opinion” class to discuss whether he should take on the case. When he did decide to represent Tenenbaum, some of the casework became part of the CyberOne curriculum. There have been additions to the team since then, part of the regular turnover from term to term, and much attrition (two of the students most heavily involved...
...document writer—a broad-shouldered, head-shaved, third-year from Florida who attended journalism school as an undergraduate, still occasionally free-lances for the guitar periodical “Bass Player,” and has taken the lead on many of the legal aspects of the Tenenbaum case. Debbie Rosenbaum, a joint degree candidate at the Business School and the Law School, handles the public relations for the team—a job that she is said to have won after challenging the expertise of a professional PR consultant that Nesson invited to CyberOne in the fall...
While he celebrates participation and even dissension, Nesson is the guiding force at clinical meetings, seated at his large, elbowed desk, arms often clasped behind his head. The team’s legal argument has never lacked for novelty. When he initially took the Tenenbaum case, Nesson made it clear that he would launch a constitutional attack on the so-called “Digital Theft Deterrence Act,” which mandates damages of up to $150,000 for willful copyright infractions. Such a scale for damages was disproportionate to any harm committed, the team suggested, putting...
More innovation followed soon after, when Nesson decided that, in the interests of open access, the proceedings of the Tenenbaum case should be available online. “[In] the original constitution, the idea of a public trial was that anybody from the village could come and see the trial,” Nesson tells me. “So now, all of a sudden, we find ourselves in an internet world where the technology permits everyone in the village to come to the trial again...Law needs to be aware of that.” In late December...
...granting the request in a move that would have allowed the state’s first-ever live Internet coverage of a federal court hearing. But the recording industry appealed to a higher court two days later, putting a hold on the broadcast and winning no friends on the Tenenbaum side, which saw what came to be known as the “First Circuit Appeal” as yet another move by powerful interests to restrict access to information online. “At a very basic level, this is about the privatization of the Internet...