Charles NessonHarvard Law's Charles Nesson to Appeal File-Sharing DamagesAuthored by Mark Hefflinger on August 11, 2009 - 12:32pm.
Boston
- The New York Times and Ars Technica both published interviews on Tuesday with
Charles Nesson, the Harvard Law professor who failed to get admitted file-swapper
Joel Tenenbaum off the hook from copyright infringement charges brought by the
major record labels. A federal judge declared Tenenbaum guilty, after which a
jury ordered him to pay the labels $675,000 in damages. Nesson told The Times
he is "counting on winning on appeal," will ask for a reduced penalty
at an upcoming hearing, and still plans on pursuing a class action suit against
the labels over their litigation campaign against file-swappers.
Jury Orders File-Swapper to Pay Record Labels $675,000Authored by Mark Hefflinger on August 3, 2009 - 7:34am.
Boston
- A federal jury has ordered convicted file-swapper Joel Tenenbaum to pay the
major record labels $675,000 in damages, after he admitted in court to having
shared 30 of their copyrighted songs on file-sharing networks. Tenenbaum, who
could have faced damages as high as $4.5 million under the law, will instead
pay $22,500 per song shared -- a sum he said will lead him to file for
bankruptcy if it stands.
Judge Finds File-Swapper Guilty; Jury to Determine DamagesAuthored by Mark Hefflinger on July 31, 2009 - 4:54am.
Boston - After the defendant
admitted his guilt in open court on Thursday, a federal judge has ruled that Boston grad student Joel
Tenenbaum committed copyright infringement on a file-sharing network, leaving
the jury to decide whether his infringement was "willful," and
determine the amount of monetary damages he will pay the recording industry.
Should the jury find that Tenenbaum willfully infringed Sony Music's copyrights
on 30 songs, he could be liable for up to $4.5 million in damages.
tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Sony Music | Charles Nesson | Joel Tenenbaum |
Accused File-Swapper Tenenbaum Admits Guilt at TrialAuthored by Mark Hefflinger on July 30, 2009 - 11:51am.
Boston
- Accused file-swapper Joel Tenebaum admitted in court on Thursday that he did
in fact offer songs for upload via his Kazaa file-sharing network account,
according to published reports. It seems likely now that Tenenbaum's defense in
the copyright infringement case brought by the recording industry will hinge on
the damages he will have to pay. Tenenbaum's attorney, Harvard Law professor
Charles Nesson, has argued that the $150,000-per-song maximum damage award
under the law is unconstitutionally high, and does not reflect actual damages
suffered by the labels.
tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Sony Music | Charles Nesson | Joel Tenenbaum |
Trial of Accused File-Swapper Underway in BostonAuthored by Mark Hefflinger on July 29, 2009 - 11:59am.
Boston
- Harvard Law professor Charles Nesson argued in court on Tuesday that grad
student Joel Tenenbaum was among "millions" of Americans who
downloaded songs for free on file-sharing networks, during Tenebaum's trial on
charges of copyright infringement brought by major record label Sony Music, Ars
Technica reported. The record industry produced witnesses, including Tenenbaum's
own father, who recounted Joel showing him how Kazaa worked, or denied having
used Kazaa on Joel's computer. Tenenbaum himself was expected to take the stand
on Wednesday.
tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Sony Music | Charles Nesson | Joel Tenenbaum |
Judge Rejects 'Fair Use' Defense in Tenenbaum File-Sharing CaseAuthored by Mark Hefflinger on July 27, 2009 - 9:43am.
Boston
- U.S. District Judge Nancy Gertner has rejected an accused file-swappers
motion to argue 'fair use' of the copyrighted songs he allegedly shared on a
peer-to-peer network, according to the Recording Industry vs. The People blog.
tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Fair Use | Charles Nesson | Joel Tenenbaum |
Judge to Allow MediaSentry Evidence in File-Sharing TrialAuthored by Mark Hefflinger on July 22, 2009 - 11:57am.
Boston
- A federal judge has denied accused file-swapper Joel Tenenbaum's motion to suppress
evidence from MediaSentry, the firm hired by the Recording Industry Association
of America (RIAA) to monitor file-sharing and help identify suspected copyright
infringers, according to the Recording Industry vs. The People blog. The judge
rejected claims from Tenenbaum's attorney, Harvard Law professor Charles Nesson,
that MediaSentry was not registered as a private investigator in Massachusetts, and that
it violated federal wiretapping laws -- citing a number of previous
file-sharing cases where similar claims were rejected.
RIAA Asks Judge to Sanction Harvard P2P LawyerAuthored by Mark Hefflinger on July 7, 2009 - 8:53am.
Boston
- The Recording Industry Association of America (RIAA) has asked a federal
court judge to sanction the attorney representing a defendant accused of
illegal file-sharing, over his posting "unauthorized and illegal"
recordings of pretrial court proceedings, Wired.com reported.
Harvard Law Prof. Admonished by Judge in File-Sharing CaseAuthored by Mark Hefflinger on June 18, 2009 - 12:37pm.
Boston - Harvard Law professor Charles Nesson, who is defending Boston student Joel
Tenenbaum against charges of copyright infringement on a file-sharing network
by Sony (NYSE: SNE), has been admonished by the judge for some of his legal tactics, Ars
Technica reported.
tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Sony Music | Charles Nesson | Joel Tenenbaum |
Supreme Court Asked to Overturn RIAA Trial Webcast BanAuthored by Mark Hefflinger on June 2, 2009 - 1:56pm.
Boston
- Attorneys for accused file-swapper Joel Tenenbaum have petitioned the U.S.
Supreme Court to review a case that upheld a ban on the Internet webcast of
district court proceedings. The petition is based on the First and Fifth
Amendments, and asks whether the ban on webcasting "impermissibly
restrict(s) the judicial power vested in federal district court judges by the
Constitution and creational statutes." Tenenbaum, who is being represented
by Harvard Law professor Charles Nesson, has moved for a stay of all
proceedings in the district court, pending the Supreme Court's review.
tags: Video | Law | Lawsuits | P2P | Music | RIAA | Copyright | Webcasting | Charles Nesson | Joel Tenenbaum |
Lawyer Seeks Rehearing of Ruling Denying RIAA Trial WebcastAuthored by Mark Hefflinger on April 27, 2009 - 8:58am.
Boston
- The Harvard Law professor defending an accused file-swapper, whose request to
have the trial webcast live was denied by First Circuit Court of Appeals, has
petitioned for an en banc review of that ruling before the entire court. The
hearing in question is set to take place on April 30, so Prof. Charles Nesson
and his law students have also now asked the court to stay the hearing.
Report: Radiohead May Testify at Accused File-Swapper's TrialAuthored by Mark Hefflinger on April 6, 2009 - 10:48am.
Boston - Members of the band
Radiohead may be among those testifying at the trial of an accused
file-swapper being defended by a Harvard
Law School
professor and his students, TorrentFreak reported.
tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Radiohead | Charles Nesson | Joel Tenenbaum |
Appeals Court to Hear Arguments on Webcast of RIAA TrialAuthored by Mark Hefflinger on February 19, 2009 - 12:06pm.
Boston
- A federal appeals court has solicited oral arguments to help guide its
decision of whether to allow the trial of an accused music file-swapper to be
broadcast on the Internet, p2pnet.net reported.
News Organizations File Brief in Support of RIAA Trial WebcastAuthored by Mark Hefflinger on February 2, 2009 - 12:31pm.
tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Publishing | Charles Nesson | Joel Tenenbaum |
RIAA Appeals Webcast of File-Swapper Trial; Stay GrantedAuthored by Mark Hefflinger on January 21, 2009 - 11:23am.
tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Charles Nesson | Joel Tenenbaum | Berkman Center for Internet & Society |
Judge to Allow Live Webcast of RIAA File-Sharing TrialAuthored by Mark Hefflinger on January 15, 2009 - 12:06pm.
tags: Law | Lawsuits | P2P | Music | RIAA | Copyright | Webcasting | Charles Nesson | Joel Tenenbaum | Courtroom View Network |
Harvard Law Prof. Seeks Live Webcast of RIAA P2P TrialAuthored by Mark Hefflinger on January 8, 2009 - 12:46pm.
Boston - Harvard Law professor Charles Nesson has asked the judge hearing the copyright infringement trial of an alleged music file-swapper that he and his students are defending to allow the proceedings to be webcast live on the Internet, Ars Technica reports. Harvard Law Prof., Students Aid File-Swapper in CountersuitAuthored by Mark Hefflinger on October 29, 2008 - 9:52am.
Boston - A man sued for copyright infringement for allegedly sharing seven songs on the Kazaa file-sharing network is now mounting a countersuit, with the help of a Harvard Law School professor and his cyberlaw students, who are arguing that the Recording Industry Association of America (RIAA) is abusing the legal process. |
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