

Harvard prof tells judge that P2P filesharing is "fair use" - pmikal
http://arstechnica.com/tech-policy/news/2009/05/harvard-prof-tells-judge-that-p2p-filesharing-is-fair-use.ars

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jws
This sounds like the "put it all on black 23" defense. The unlikely win will
change the world. The almost certain loss will likely draw significantly
harsher damages.

Maybe Joel Tenenbaum is in a position that harsher damages don't matter, they
can only bankrupt him once.

(and, there is no black 23.)

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abefortas
Pardon me, but why isn't there a black 23 in this case?

As I understand it, half of deciding 'fair use' is: -is the use of commercial
nature or is it for nonprofit educational purposes? -how does the use affect
the potential market?

It seems to me that Nesson might actually have it right: the sharing certainly
wasn't for profit, and he seems to have evidence showing that there is no
effect on the market.

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lisper
<http://www.youtube.com/watch?v=Rn5-VN3SH1o>

