Fair Use Defense Dismissed In SONY V. Tenenbaum 517
Several readers sent us updates from the Boston courtroom where, mere hours before the start of trial, a federal judge ruled out fair use as a defense. Wired writes that "the outcome is already shaping up to resemble the only other file sharing trial," in which the RIAA got a $1.92M judgement against Jammie Thomas-Rassert. The defendant, Joel Tenenbaum, has already essentially admitted to sharing music files, and the entire defense put together by Harvard Prof. Charles Nesson and his students turned on the question of fair use. The judge wrote that the proposed defense would be "so broad it would swallow the copyright protections that Congress has created." Jury selection is complete and opening arguments will begin tomorrow morning. Here is the Twitter feed organized by Prof. Nesson's law students.
Re:Before the arguments start? (Score:4, Funny)
The RIAA is objecting on the grounds that it is devastating to their case. Also known as the "Fletcher" defense.
Several Readers? What about NewYorkCountryLawyer? (Score:5, Funny)
Where is NewYorkCountryLawyer when you need him?
I don't know what to believe without NewYorkCountryLawyer weighing in his opinion!
Re:Several Readers? What about NewYorkCountryLawye (Score:5, Funny)
Re:gosh (Score:3, Funny)
Re:gosh (Score:5, Funny)
Let's face it, there is no analogy that is going to be 100% perfect
That's because nobody has tried a car analogy yet.
Re:Several Readers? What about NewYorkCountryLawye (Score:5, Funny)
I hate to break the news, but we are all screwed.
New defense strategy (Score:3, Funny)
The opening arguments from the defense will now consist of defense counsel singing "I've Been Working on the Railroad".
Re:Before the arguments start? (Score:5, Funny)
Okay, I read that as "felcher" and thought, "Wow! This really DOES suck ass!"
Re:There's an answer to this... (Score:3, Funny)
cat /dev/urandom > /dev/dsp
Much better quality than the RIAA's crap.
And if they can tax that then I'll fire the first shot of the new revolution.
Re:gosh (Score:5, Funny)
Suppose I bought one of those plastic-extruding CNC machines, and then I used it to make an exact duplicate of a 1967 Shelby GT (It might take a while, get a cup of coffee while we wait). Then suppose I give you the mustang, and you drive careening through the front of a music store in an orgy of broken glass and shattered vinyl. Once the car is pulled free of the rubble, the cops discover that a CD has fallen into the car, and arrest you for petty larceny. You get bailed out, and then drive down Rt 66 listening to The Best of Queen at full volume. All seems well until a month later, when an RIAA goon hands you a summons: You're being sued for infinity dollars because you were driving with the top down and somebody could have heard your music, clearly an unlawful distribution.
That's what this is like.
Re:Before the arguments start? (Score:3, Funny)
Moreover, with Bittorrent, there is no distinction. Downloaders are uploaders (unless you set your client not to upload, but expect angry torrenters with pitchforks outside your window for being a leech).
Re:Before the arguments start? (Score:4, Funny)
Which do you prefer, angry torrenters' pitchforks or RIAA's pitchforks?
Re:*Beautiful* phrasing of music business model (Score:4, Funny)
I must say this is about the best summary of quite a few business changes since the Internet came along: "What happens when you're selling bottled water in the desert and it starts to rain." - Nesson.
You brand it with a French name and double the price.
Re:Judges over-ruling law... (Score:3, Funny)
Dude, just like the smart soldier yells "incoming!" after hitting the ground, the smart person yells "fire" after leaving the theatre.
Re:Before the arguments start? (Score:2, Funny)
Comment removed (Score:5, Funny)