Slashdot Mirror
Judge May Take "Fair Use" Away From Jury
NewYorkCountryLawyer writes "In what I can only describe as a shocker, the Judge in SONY BMG Music Entertainment v. Tenenbaum has, on her own, issued an order questioning whether the jury will be allowed to decide the 'fair use' issue at all, or whether the Judge herself should decide it. Judge Nancy Gertner's decision (PDF) notes that the courts have traditionally submitted the fair use defense to the jury, but questions whether that was appropriate, since the courts have referred to it as an 'equitable' — as opposed to a 'legal' — defense. This decision came from out of the blue, as neither party had raised this issue. IMHO the Judge is barking up the wrong tree. For one, all across the legal spectrum in the US, 'equitable' defenses to 'legal' claims are triable to a jury. Secondly, as the Judge herself notes, the courts have traditionally submitted the issue to the jury. It also seems a bit unfair to bring up a totally new issue like that and give the parties only 6 days to do their research and writing on the subject, at a time when they are feverishly preparing for a July 27th trial."
Little boxes
on the hillside
liitle boxes full of tickey-tackey
Little boxes on the hillside
little boxes all the same.
It's always a long day... 86400 doesn't fit into a short.
liitle boxes full of tickey-tackey
I applaud you in the name of the memory of Malvina Reynolds.
Do not mock my vision of impractical footwear
Replying to trolls should be modded off topic. Including this post.
Just one question: What the fuck is tickey-tackey? The cousin to the tic-tac?
If you believe in privacy, and believe you have "nothing to hide" at the same time, you're a goddammed idiot
What does "weaseled it is way" mean?
Please re-learn 2nd grade grammar.
Sincerely,
The informed members of Slashdot.
What does "punished for it is decision" mean?
Please re-learn 2nd grade grammar.
Thanks
You might want to pick up a newspaper more than once a year. A female US judge is the #1 news story in just about all of them for the last week.
Not every non-US citizen wants to read US newspapers. Thanks.
These posts express my own personal views, not those of my employer