Jonathan Bailey's Library tagged nesson → View Popular

The labels can also thank Nesson's "radical transparency" for one of their own arguments—one in which they point out that not even Nesson's own group of free culture warriors agree with the fair use claim being made here.

25 Jun 09

Copyrights & Campaigns: Nesson: I'm 'under ridicule and attack'; Berkman Center not backing Tenenbaum defense

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117 nesson tenenbaum lawsuit

22 Jun 09

Copyrights & Campaigns: Tenenbaum: fair use factors 'just suggestions'; 'I have never denied using Kazaa to download and upload music'

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117 tenenbaum nesson fairuse scotus

17 Jun 09

Copyrights & Campaigns: Gertner slams Nesson: 'The Court's indulgence is at an end'; professor's taping is a 'violation of the law'; Tenenbaum trial moved to July 27

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116 tenanbaum nesson lawsuit

10 Jun 09

Copyrights & Campaigns: Nessonic convergence: Harvard Professor records proceedings in Jammie Thomas case; intends to seek Tenenbaum's intervention

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115 tenenbaum nesson thomas webcast

22 May 09

Lawyer: RIAA must pay back all $100M it has collected - Ars Technica

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112 nesson tenenbaum filesharing fairuse

18 May 09

Harvard prof tells judge that P2P filesharing is "fair use" - Ars Technica

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112 nesson tenenbaum fairuse filesharing piracy

05 Apr 09

Radiohead to Testify Against the RIAA | TorrentFreak

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106 radiohead nesson riaa lawsuit

04 Apr 09

Harvard P2P lawyer: file-swapping is fair use—no, really! - Ars Technica

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105 nesson p2p fairuse

This week, Professor Nesson published to his blog a batch of private e-mail correspondence about his strategy in the case. In the e-mails, he lays out his plan of attack. "Fair use" is not so much "defined" in US copyright law as it "bounded" by a set of four questions that can be applied to any particular use of copyrighted material to see if the use is allowed without permission. The questions ask whether the new use is "transformative," whether it uses a part of the original work or the whole thing, what the effect of the use is on the future market for the original, and what sort of work the original piece was (published or unpublished? factual biography or fictional novel?).
In the attempt to codify this notion of "fairness" into a principle, Nesson comes up with this: "Seems to me to be an understandable principle that it's okay to consume and share nonrivalrous good which are available on the net for free."
2 more annotations...
- Stanford professor Lawrence Lessig said that he was "surprised if the intent is to fight this case as if what joel did was not against the law. of course it was against the law, and you do the law too much kindness by trying to pretend (or stretch) 'fair use' excuses what he did. It doesn't."
- Wendy Seltzer, who heads up the Chilling Effects website and served as an EFF staff attorney, was "puzzled" by the fair use argument. "I fear that we do damage to fair use by arguments that stretch it to include filesharing—weakening our claims to fair use even for
  un-permissioned transformations," she wrote. "I am much more comfortable disagreeing
  with the law than claiming at this point in time that it already excuses
  filesharing."

01 Apr 09

Billion Dollar Charlie takes on the RIAA - Ars Technica

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105 nesson riaa lawsuit

27 Jan 09

RIAA seeks sanctions against Harvard Law School prof - Ars Technica

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96 riaa nesson lawsuit

This fits with one of Nesson's main concerns: to attack the entire litigation strategy of the RIAA, claiming that the group has been prosecuting essentially criminal cases under civil rules. He, and the students who work with him, want to do much more than simply win this one particular case.

15 Jan 09