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 Post subject: Another music downloading case lost...
PostPosted: Tue Aug 11, 2009 11:38 am 
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http://www.nytimes.com/2009/08/11/us/11 ... r=1&ref=us

ilting at Internet Barrier, a Stalwart Is Upended
By JOHN SCHWARTZ

BOSTON — In the community of activists trying to break down Internet barriers that they say stifle creativity and knowledge, few figures are as revered as Charles Nesson.

As co-founder of the Berkman Center for Internet and Society at the Harvard Law School, Professor Nesson is renowned for his early interest in bridging technology, law and culture, and his ability to inspire generations of students to see the Internet as a force for positive change, not just cables and computers.

But when Professor Nesson, 70, took on the recording industry in an eagerly anticipated civil case here over sharing music online, the champion stumbled. On July 31, a jury handed down an eye-popping $675,000 judgment against Joel Tenenbaum, a Boston University graduate student who was defended by Mr. Nesson. Mr. Tenenbaum’s offense was downloading and sharing 30 songs.

It was a stinging defeat for Professor Nesson, and to many in the legal community, it seemed to be a moment when an eccentric scholar’s devotion to a soaring vision blinded him to the practical realities of winning a legal case. Taking on a lawsuit that his own allies warned was ill-advised, Professor Nesson acted in ways that many observers found bizarre and even harmful to the case.

But in an interview, Professor Nesson sounded a nearly evangelical tone, saying the case presented an opportunity to take on the recording industry’s “assault on what I think of as the digital-native generationâ€


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PostPosted: Tue Aug 11, 2009 1:01 pm 
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disappointing.


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PostPosted: Tue Aug 11, 2009 1:29 pm 
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Good article. I wonder what type of arguments were made during the damages phase of the trial. It seems that it would be very difficult to convince the average person that the RIAA would deserve any award above the minimum.

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