File-swap and civil disobedience

2009/06/19

Ultimately, there is something called civil disobedience, any game changing trend may have to come to that should current establishment, political, legal, commercial, or otherwise resist the change.

Harvard Law Prof. Admonished by Judge in File-Sharing Case
Authored 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.

“The Court’s indulgence is at an end,” wrote U.S. District Judge Nancy Gertner.

“Too often, as described below, the important issues in this case have been overshadowed by the tactics of defense counsel: taping opposing counsel without permission (and in violation of the law), posting recordings of court communications and emails with potential experts (who have rejected the positions counsel asserts) on the Internet, and now allegedly replicating the acts that are the subject of this lawsuit, namely uploading the copyrighted songs that the Defendant is accused of file-sharing.”

Most recently, Nesson posted all of the songs that Tenenbaum is accused of sharing on a peer-to-peer network to an online storage locker.

Ars noted that, despite the judge’s warning, Nesson has been successful in persuading her to allow a “fair use” defense to be argued at trial, and also to allow continued videotaping of depositions, provided they are not posted online.