Word: trial
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...legal team representing Joel Tenenbaum, a Boston University graduate student who lost the second-ever jury trial on file-sharing, filed a motion on Monday requesting a retrial...
...motion, Tenenbaum's counsel—led by Harvard Law School Professor Charles R. Nesson '60—argued for a new trial by disputing Judge Nancy Gertner's interpretation of the fair use of music files. Tenenbaum had been ordered last summer to pay the Recording Industry Association of America $675,000 for illegally downloading music...
During the trial, Gertner recognized an "interregnum period," when listeners had no way of purchasing digital media legally before the advent of the iTunes Music Store in 2003. She noted that during this period, "unauthorized use" should be considered "more fair" since there was not yet a ready market in which users could pay for the files...
...brief months between the California Supreme Court's decision ... and the adoption of Proposition 8, California has from its inception always limited marriage to the union of a man and a woman," wrote Charles Cooper, who served in the Reagan Administration's Justice Department with Olson, in his trial brief Dec. 7. "Indeed, until this decade, every State, nation and civilized society in every period of history had always limited marriage to opposite-sex relationships ... Contrary to Plaintiffs' contentions, the traditional definition of marriage does not reflect animus against gays and lesbians - in California or anywhere else." (See more about...
Pizer says groups like hers had argued against testing these issues now in federal court, but have since helped with trial preparation. "We very much hope that Ted [Olson] is right that he has the votes to prevail against Prop 8, whether or not new constitutional ground is broken and regardless of which appellate court has the final word in the [San Francisco] case. And we've been doing everything we can to help the trial team prepare, as we're all passionately committed to victory both in this case and in the longer-term, national struggle...