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BREAKING via Twitter: Joel Tenenbaum seeks friends

Copyrights & Campaigns

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Words of wisdom from Joel Tenenbaum's counsel

Copyrights & Campaigns

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Joel Tenenbaum, Pirate Bay poster boy

Copyrights & Campaigns

Tenenbaum's defense team finds this development " interesting." Tags: tenenbaum I can think of a few other words.

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Today in Tenenbaum.

Copyrights & Campaigns

Joel Tenenbaum , a physics grad student in his mid-20s, is hardly a "child.". Tags: copyright tenenbaum fair use Palfrey 's expert report, on which he is being interrogated, can be found at Exhibit B of this document.

Tenenbaum trial: day two preview

Copyrights & Campaigns

The Joel Tenenbaum opens today at 9am with opening statements. Tags: copyright tenenbaum Plaintiffs asked for 20-30 minutes, defense counsel Charles Nesson for 40.

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Joel Tenenbaum still 'sharing' copyrighted music

Copyrights & Campaigns

Tonight Joel Tenenbaum tweeted : The link is to a page containing links to.mp3s of songs that Tenenbaum himself performed at a March 27, 2006 piano recital at Goucher College: Most of the songs Tenenbaum performed are by long-dead composers such as Bach, Beethoven, and Chopin.

Court slashes Tenenbaum award by 90% on constitutional grounds

Copyrights & Campaigns

Judge Nancy Gertner has slashed the jury's award against admitted peer-to-peer user Joel Tenenbaum from $675,000 down to $67,500, taking the apparently unprecedented step of holding an award of copyright statutory damages unconstitutional. Tenenbaum’s behavior, after all, was hardly exemplary. It also protects ordinary people like Joel Tenenbaum. Order on motion for new trial/remittitur in Joel Tenenbaum case. Tags: copyright tenenbaum

TorrentFreak's Tenenbaum trial falsehood

Copyrights & Campaigns

TorrentFreak today had a post stating that the court "rejected" Dutch computer scientist Dr. Johan Pouwelse as a defense expert in the Joel Tenenbaum case, and implying that the court's actions resulted in an unfair trial. Rather, upon the plaintiffs' motion (to which Tenenbaum never bothered to file an opposition), Judge Gertner limited Pouwelse's testimony to the subject of his actual expertise: peer-to-peer technology. Tags: copyright tenenbaum

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First Circuit Reinstates Jury Award Against Tenenbaum

Media Law Prof Blog

The First Circuit has reinstated the jury award of damages against Joel Tenenbaum, the Boston University grad student found liable for illegally downloading copyrighted songs. A lower court judge had reduced the amount of damages Mr. Tenenbaum was forced to

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Proposed juror questionnaire submitted in Tenenbaum case

Copyrights & Campaigns

Today the parties in the Joel Tenenbaum case jointly submitted a proposed juror questionnaire for use during voir dire. Proposed Juror Questionnaire What I'll be watching for is what Tenenbaum's defense team actually does with the information submitted by the potential jurors.

Should Ray Beckerman keep covering the Tenenbaum case?

Copyrights & Campaigns

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Team Tenenbaum's biggest mistake

Copyrights & Campaigns

What has been the biggest mistake by Joel Tenenbaum's defense team ? Part-way through the trial, it's now clear to me that the biggest mistake was a different one: failing to secure an expert to testify as to actual damages, i.e. , the harm caused by Tenenbaum's downloading and "sharing" of the 30 songs at issue in this case. Tenenbaum's liability for copyright infringement is an all-but-foregone conclusion. Tags: copyright tenenbaum

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BREAKING: Tenenbaum counsel reacts to Gertner order on webcast

Copyrights & Campaigns

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Joel Tenenbaum file-sharing trial doesn't disappoint

THR, Esq. Entertainment & Media Law Blog

You'll remember the Joel Tenenbaum case. By Eriq Gardner Pirate Bay may be sticking around for now, but Hollywood is having better luck on another antipiracy front. The second ever P2P file-sharing case to go to trial is under way.

More Twitter wit and wisdom from Joel Tenenbaum's counsel

Copyrights & Campaigns

From Harvard Law School Professor Charles Nesson 's Twitter feed: Tags: tenenbaum

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BREAKING via Twitter: Tenenbaum legal team stays up late

Copyrights & Campaigns

Tags: copyright tenenbaum

Tenenbaum's Damage: $675,000

Media Law Prof Blog

The Chronicle of Higher Education reports that Joel Tenenbaum has been ordered to pay $675,000 in damages for downloading thirty songs illegally. A federal grand jury handed out the verdict after federal judge Nancy Gertner found that Mr. Tenenbaum had

Joel Tenenbaum, unrepentant

Copyrights & Campaigns

And if Tenenbaum wanted "more than anything" that the artists get paid, why didn't he buy the music, instead of taking it for free? Tenenbaum also says in the Q&A, "The RIAA and the Judge in this case succeeded in convincing the jury that the DMCA act of 1999 ( [link] itle17/92chap5.html ) should be applied here," and references the range of statutory damages. Tenenbaum will likely soon be back before Judge Gertner, asking her to reduce the jury's award of $675,000 against him.

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Set your VCRs (and TiVos): Tenenbaum goes primetime

Copyrights & Campaigns

In other Team Tenenbaum media appearances, here's an interview earlier today on WFMU with Tenenbaum counsel Charles Nesson (starts about 1:30:50 in). Tags: copyright tenenbaum

Supreme Court rebuffs Tenenbaum on trial webcast

Copyrights & Campaigns

The US Supreme Court has denied Joel Tenenbaum's request that it stay his trial until the full Court can consider his plea that it "suspend" the District of Massachusetts local rule prohibiting courtroom broadcasts. Tags: copyright tenenbaum First Amendment

Labels: Nesson and Tenenbaum owe $2,249

Copyrights & Campaigns

The record label plaintiffs have detailed their expenses incurred in litigating a motion to compel Joel Tenenbaum to produce evidence regarding his defense team's posting of seven of the songs at issue in his copyright case to a publicly available web site -- expenses that Judge Nancy Gertner has ruled Tenenbaum and his counsel Charles Nesson must pay. Tags: tenenbaum

Tenenbaum Case Opens in Massachusetts

JetLawBlog

July 29, Charles Nesson gave his opening statement in the copyright infringement suit involving Boston University student Joel Tenenbaum. Mr. Tenenbaum admits to using Kazaa, a peer-to-peer filesharing service used primarily to share mp3s of copyrighted music on a commercial scale. In this suit, Mr. Tenenbaum has opted not to settle, tempting fate like Ms. Sooner or later, however, these Boston jurors will simply have to decide whether Mr. Tenenbaum violated federal law.

Tenenbaum Trial Underway

Media Law Prof Blog

Ben Sheffner has coverage of the Joel Tenenbaum (P2P copyright infringement) case here at Copyrights & Campaigns blog. The trial began yesterday. Judge Nancy Gertner ruled against allowing the biggest part of attorney (and Harvard Law Prof) Charles Nesson's proposed

Harvard stymies student's participation in Tenenbaum defense

Copyrights & Campaigns

Harvard Law School has threatened disciplinary charges against the sole remaining law student on Joel Tenenbaum's defense team should she actively participate in Tenenbaum's trial, which gets under way in federal court in Boston Monday. The four other students graduated in June 2009 and are no longer participating in Tenenbaum's defense. It is not clear what internal Harvard rule, if any, Rosenbaum may be violating should she proceed to represent Tenenbaum in court.

First Circuit posts oral argument on Tenenbaum webcast issue

Copyrights & Campaigns

A recording of today's First Circuit's oral argument on the Tenenbaum webcast issue is now available here. Tags: tenenbaum First Amendment Analysis to come.

Labels 'remain willing to settle' Tenenbaum case

Copyrights & Campaigns

From the RIAA's " Music Notes " blog: FACT: We remain willing to settle this case, but Tenenbaum is so far insisting on filing more motions and appeals in order to continue to pursue his misguided mission to get music for free. But through all his illegal actions, Tenenbaum has argued exactly that. Tags: copyright tenenbaum

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Covering the Joel Tenenbaum trial

Copyrights & Campaigns

Just a heads-up: starting Monday I will be in Judge Nancy Gertner's courtroom in Boston to cover the Joel Tenenbaum trial. Tags: copyright tenenbaum I will be writing daily dispatches for Ars Technica (cross-posted to this blog), and will likely do a post-trial piece for Billboard as well.

Court: labels can't inspect Tenenbaum's parents' computer

Copyrights & Campaigns

A federal magistrate judge in Rhode Island has denied a motion by the record label plaintiffs to inspect a computer owned by the parents of accused peer-to-peer infringer Joel Tenenbaum and allegedly used by Tenenbaum to infringe the plaintiffs' copyrights: Plaintiffs have not shown enough of a likelihood of relevant evidence to warrant the intrusion of privacy arising out of a forensic computer analysis of a home computer utilized for years by non-parties to the underlying case.

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The Joel Tenenbaum case: Frequently Asked Questions

Copyrights & Campaigns

The trial of accused peer-to-peer infringer Joel Tenenbaum is set to get underway July 27 in Boston. Five major record labels have sued a Boston University graduate student named Joel Tenenbaum in federal court in Boston, alleging that he used the KaZaA peer-to-peer network to infringe copyrights in 30 sound recordings that they own. Joel Tenenbaum is a 25-year-old graduate student in physics at Boston University. Isn't it suing Tenenbaum? What is Tenenbaum's defense?

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Beckerman: Don't help Tenenbaum pay the $675,000 award

Copyrights & Campaigns

Joel Tenenbaum is soliciting donations to help pay the $675,000 award a Boston jury ordered him to pay for infringing the major record labels' copyrights in 30 sound recordings. Tags: copyright tenenbaum An intra-anti-RIAA war ensues.

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Tenenbaum elaborates on Nesson, secrecy, 'Schmuck'-gate

Copyrights & Campaigns

Accused peer-to-peer infringer Joel Tenenbaum has posted a "note " to his legal team's web site, defending Charles Nesson 's "radical transparency" and saying he's "very lucky to have" the Harvard Law School Professor as his counsel. Despite the judicial smackdown , the recording of opposing counsel and the judge , and the public airing of internal legal discussions , Tenenbaum appears to be perfectly happy with the representation he's receiving (for free). Tags: tenenbaum

Tenenbaum team 'remixes' First Circuit oral argument

Copyrights & Campaigns

This " is a remix that Joel Tenenbaum's legal team has made from the official recording of the April 8 oral argument in the First Circuit over whether district court proceedings in the record labels' copyright suit against Tenenbaum could be webcast. Unfortunately, the First Circuit's opinion disallowing the district court webcast will not permit Tenenbaum's team -- or anyone else -- to similarly illuminate and explain the proceedings there.

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MediaPost: Radiohead manager may testify for Tenenbaum

Copyrights & Campaigns

As part of his defense of accused peer-to-peer infringer Joel Tenenbaum, Harvard Law Professor Charles Nesson intends to call as a witness Brian Message, manager of the British band Radiohead. Nesson clearly wants to have the focus not on Tenenbaum's conduct, but on " a public discussion on copyright of the sort that we haven't had in the US since the major reworking of the Copyright Act in 1976." Tags: copyright tenenbaum

Team Tenenbaum: next stop Duluth!

Copyrights & Campaigns

Tags: copyright Jammie Thomas tenenbaum

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Tenenbaum trial prep: focus on fair use

Copyrights & Campaigns

Joel Tenenbaum has posted a new set of " observations ," describing a recent meeting with Boston attorney and " special mentor " Matthew Feinberg at which the team discussed preparations for the July 27 trial. Not to mention that Tenenbaum's own potential experts think the fair use defense is a sure loser , a fact of which Judge Gertner herself has taken note.) Remember: Judge Gertner has not ruled that she will permit Tenenbaum to argue fair use at trial.

An interview with a Tenenbaum juror

Copyrights & Campaigns

Shortly after Friday's verdict in the Joel Tenenbaum case, I had the chance to speak with Dr. Donald Moran, one of the jurors who ordered the BU grad student to pay $675,000 for infringing 30 of the record labels' songs by uploading and "sharing" them on the KaZaA peer-to-peer network. On Joel Tenenbaum: He was a very likable young man. What did he think of Tenenbaum's conduct? What was his impression of Tenenbaum counsel Charles Nesson?

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Checking in on Joel Tenenbaum's 'wikibrief'

Copyrights & Campaigns

It's now been a whole week since Joel Tenenbaum 's legal team launched its " collaborative lawyering " project: its attempt to enlist the public's help in drafting a brief regarding its efforts to depose music industry litigator Matt Oppenheim. To recap: Tenenbaum attempted to notice Oppenheim's deposition for the Ames Courtroom at Harvard Law School. Plaintiffs resisted, and Tenenbaum moved to compel. Tags: copyright technology tenenbaum

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Tenenbaum seeks rehearing en banc on webcast

Copyrights & Campaigns

Joel Tenenbaum has filed a petition for rehearing en banc in the First Circuit, once again asking the court of appeals to permit the live webcast of an upcoming district court motion hearing in the record labels' copyright suit against him. Tenenbaum petition for rehearing en banc re webcast Publish at Scribd or explore others: Law & Government Business & Law I consider the petition for rehearing by the full First Circuit very unlikely to be granted.

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No immediate decisions at Tenenbaum hearing; defense: 'it was rough'

Copyrights & Campaigns

This afternoon Judge Nancy Gertner heard oral argument on several important motions in the case of accused peer-to-peer infringer Joel Tenenbaum, including the record labels' motion to dismiss Tenenbaum's abuse-of-process counterclaim, and Tenenbaum's constitutional challenge to the Copyright Act's statutory damages provisions. Tags: copyright tenenbaum

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Tenenbaum Admits To Downloading Tunes

Media Law Prof Blog

After Joel Tenenbaum admitted on the stand to downloading and distributing copyrighted tunes, the judge in the case ruled that all that is left for the jury to decide is whether he willfully infringed those copyrights and what the damages

Why Joel Tenenbaum is up a creek

Copyrights & Campaigns

There is no question that the record label plaintiffs have resources superior to those of Joel Tenenbaum. Tenenbaum, the BU grad student and accused peer-to-peer infringer, is being defended, pro bono , by Harvard Law School Professor Charles Nesson and a team of law students, with some assistance from the small Boston law firm of Feinberg & Kamholz and Houston's Camara & Sibley , whose two principals just wound up on the losing side of a $1.92

The Joel Tenenbaum case in a nutshell

Copyrights & Campaigns

But Tenenbaum could still be walking around with that judgment hanging over his head for years (and what if he can't come up with an appeal bond?), Tags: copyright tenenbaum Howard Knopf of Excess Copyright pretty much nails it: If Joel somehow wins, the RIAA has a big problem. If there is a judgment of tens of thousands of dollars against Joel, then Joel has a big problem. If there is a judgment of hundreds of thousands against Joel, then both he and the RIAA have a big problem.

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Tenenbaum trial begins with 'tortured' jury selection

Copyrights & Campaigns

Here's my take on the first day of the Joel Tenenbaum trial, cross-posted from Ars Technica : The Joel Tenenbaum case opened today with a full, slogging day of jury selection, the defense reeling from Boston federal judge Nancy Gertner's last-minute decision to remove Tenenbaum's proposed fair use defense from the closely watched copyright case. The questions from Tenenbaum's lead counsel, Harvard Law School professor Charles Nesson, were, to no one's surprise.

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