GoFuckYourself.com - Adult Webmaster Forum - View Single Post - Fair Use was Unfairly Used in COURT. Judge hands the smack down. Gideon is in denial.

Socks · 12-08-2009, 05:37 PM

from: http://www.wired.com/threatlevel/200...ict-finalized/

Judge Finalizes $675,000 RIAA Piracy Verdict, Won?t Gag Defendant

Excerpts:

"Gertner also expanded on a pretrial ruling in which she declared Tenenbaum could not render a so-called ?fair use? defense. Tenenbaum claimed that his file sharing was not counter to the Copyright Act. The act provides up to $150,000 in damages for each infringement, and the figures are left to jurors."

"In the Tenenbaum case, the judge wrote Monday that Tenenbaum?s version of fair use was ?so broad that it would swallow the copyright protections that Congress created, defying both statute and precedent.?

That ruling was a major blow to what was expected to be a key point of argument for the Berkman Center for Internet and Society, which represented Tenenbaum and is now seeking a new trial. Ahead of the summer trial, Gertner precluded the fair-use defense with a brief order without much elaboration."

12-08-2009, 05:37 PM
Socks Confirmed User Industry Role: Join Date: May 2002 Location: Toronto Posts: 8,475	Fair Use was Unfairly Used in COURT. Judge hands the smack down. Gideon in denial. from: http://www.wired.com/threatlevel/200...ict-finalized/ Judge Finalizes $675,000 RIAA Piracy Verdict, Won?t Gag Defendant Excerpts: "Gertner also expanded on a pretrial ruling in which she declared Tenenbaum could not render a so-called ?fair use? defense. Tenenbaum claimed that his file sharing was not counter to the Copyright Act. The act provides up to $150,000 in damages for each infringement, and the figures are left to jurors." "In the Tenenbaum case, the judge wrote Monday that Tenenbaum?s version of fair use was ?so broad that it would swallow the copyright protections that Congress created, defying both statute and precedent.? That ruling was a major blow to what was expected to be a key point of argument for the Berkman Center for Internet and Society, which represented Tenenbaum and is now seeking a new trial. Ahead of the summer trial, Gertner precluded the fair-use defense with a brief order without much elaboration." Last edited by Socks; 12-08-2009 at 05:39 PM..