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Fair Use Defense Dismissed In SONY V. Tenenbaum
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.
The RIAA is objecting on the grounds that it is devastating to their case. Also known as the "Fletcher" defense.
All you touch and all you see is all your life will ever be. -PF
Where is NewYorkCountryLawyer when you need him?
I don't know what to believe without NewYorkCountryLawyer weighing in his opinion!
My page.
He's here. He just modded you funny.
no its closer to having a front yard give-away of CDs that contain digital pictures of paintings that you took with your digital camera you recently saw at an exhibit for current artists.
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.
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.
NewYorkCountryLawyer is a myth. He is a memory of an uncle's best friend's dog that pulled you from the Hoboken BBQ blaze of '84. You have manifested him in your mind as is the savior for all.
I hate to break the news, but we are all screwed.
"When life gives you lemons, don't make lemonade. Make life take the lemons back!" -- Cave Johnson
The opening arguments from the defense will now consist of defense counsel singing "I've Been Working on the Railroad".
"Also known as the "Fletcher" defense."
Okay, I read that as "felcher" and thought, "Wow! This really DOES suck ass!"
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.
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.
Just another "DOJ fascist authoritarian totalitarian bootlicker" -- Zeio
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).
Which do you prefer, angry torrenters' pitchforks or RIAA's pitchforks?
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.
Dude, just like the smart soldier yells "incoming!" after hitting the ground, the smart person yells "fire" after leaving the theatre.
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Well this article does mention the RIAA so your mental link with Felching is understandable. Worrying, but understandable.
"Sarcasm is for *winners*, Alan." - Charlie Harper (Two and a Half Men)
Point taken. Bet you wish you had not made all that fuss over a bit of tea. ;-)
Don't fight for your country, if your country does not fight for you.