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Filesharing trial begins in Boston
THE GUARDIAN 29.7.2009
http://www.guardian.co.uk/music/2009/jul/29/illegal-filesharing-trial-begins

The trial of 25-year-old graduate student Joel Tenenbaum, who is being sued $4.5m for sharing music online, began with the defence claiming he was a 'kid doing what kids do'

The trial of Joel Tenenbaum, the man currently being sued for $4.5m (2.7m) for illegal filesharing, began in Boston this week with an attention-grabbing opening statement by the defence.

Charles Nesson, the Harvard professor representing 25-year-old Tenenbaum, displayed a piece of foam to the jury, telling them it represented the good old-fashioned compact disc. Nesson then sliced open the foam to let hundreds of tiny jigsaw pieces fall out, symbolic, he explained, of the nature of the music industry after the digital revolution.

"You have the ability to share, and this physical object suddenly broke into a million bits. Can you hold a bit in your hand? You can't ... And suddenly you have songs being shared by millions of kids around the world."

Tenenbaum, a physics student in Boston, is being sued by the Recording Industry Association of America (RIAA) for illegally sharing 30 songs via the P2P site Kazoo. He was one of roughly 40,000 people fined by the RIAA five years ago for breaching copyright by sharing music online. Many settled, but Tenenbaum contested the fine. Another filesharer, Jammie Thomas Rasset, did not pay her fine and was recently ordered to pay $1.92m to the RIAA. Tenenbaum was originally fined for sharing seven songs but the RIAA increased the number to 30...




  • 00809096014830770483330704841449
    dusanson 04.08.2009 - 00:17:27 (modif: 04.08.2009 - 01:05:29) level: 1 UP New Content changed
    to co sa v usa poklada za druhy pripad usvedceneho file-sharera vyhrala v prvom kole RIAA za $22.500 za kazdu z 30 skladieb (zatial som nikde nenarazil na to akych).

    Tenenbaumov pravnik Nesson hral na fair-use strunu, s cim vacsina 'copyleft expertov' ktorych oslovil pre vystupenie na sude, nesuhlasila, napr Lessig:
    "I am surprised if the intent is to fight this case as if what joel did was not against the law. of course it was against the law, and you do the law too much kindness by trying to pretend (or stretch) “fair use” excuses what he did. It doesn’t. But if you want to argue it does, then I should think it a big mistake to include Terry on the team, or me for that matter. I have given literally hundreds of speeches where I expressly say p2p filesharing is wrong, and kids shouldn’t do it. I think FREE CULTURE says that more than a dozen times. "

    Nesson berie cely pripad ako "open project" so svojimi studentami a na svoj blog postol email debatu:
    http://www.scribd.com/doc/13831120/Nessonblog33009
    more children: (1)
  • 00809096014830770483330704833384
    dusanson 29.07.2009 - 14:16:46 level: 1 UP [1K] New
    sranda ze sa v tych mainstream mediach vacsinou neobjavi ze koho pesnicky to vlastne sharovali... a vyjadrenie kapely/interpreta k tomu..
    more children: (2)