Judge: Tenenbaum guilty of copyright infringement; Ars Technica, 7/30/09

Eric Bangemen via Ars Technica; Judge: Tenenbaum guilty of copyright infringement:

"In a reversal of her decision Thursday night, Judge Nancy Gertner has issued a directed verdict against P2P defendant Joel Tenenbaum, ruling that he is liable for infringing the record labels' copyrights on all 30 of the songs in question. It will be up to the jury to determine whether the infringement was willful and the size of the award—which could be as high as $4.5 million.

Judge Gertner's change of heart came after she had a chance to review the transcript of Thursday's testimony by Joel Tenenbaum. During direct examination, Tenenbaum was asked a simple question by the labels' counsel: "on the stand now, are you admitting liability for downloading and distributing all 30 sound recordings that are at issue and listed on Exhibits 55 and 56 of the exhibits?" His simple "yes" answer was enough to hand the labels a victory on the question of liability...

For all of the theatrics in the months leading up to the trial, things have gone down differently since the trial started Monday morning. Judge Gertner eviscerated Tenenbaum's Fair Use defense right before things got underway, and it has been all downhill from there for the defendant. Should the jury throw the book at Tenenbaum on the issue of damages, his counsel, Harvard Law professor Charles Nesson, will challenge the constitutionality of the damage provisions of the Copyright Act. But that's another chapter; this one is all but written."

http://arstechnica.com/tech-policy/news/2009/07/judge-tenenbaum-guilty-of-copyright-infringement.ars

Judge rejects fair use defense as Tenenbaum P2P trial begins; Ars Technica, 7/27/09

Nate Anderson via Ars Technica; Judge rejects fair use defense as Tenenbaum P2P trial begins: Hours before the second P2P file-sharing trial in the US gets underway, the judge finally rules that defendant Joel Tenenbaum cannot claim "fair use" in the case. The proposed defense would be "so broad it would swallow the copyright protections that Congress has created," she wrote:

"There will be no fair use defense for Joel Tenenbaum at trial this week...

That won't happen, because Judge Gertner this morning granted the record labels' request for summary judgment on the issue of fair use. Noting that defendants only have the right to a jury trial when there are material facts in dispute, Gertner went on to point out that Tenenbaum has admitted to the activity in question and that she may therefore rule on the issue of fair use as a matter of law...

Gertner has been no fan of the labels' litigation campaign, telling industry lawyers in the past that they were "basically bankrupting people, and it's terribly critical that you stop it."

But that hasn't stopped her from taking on Team Tenenbaum's attempt to eviscerate copyright. As Nesson wrote in his pretrial outline of the case, "the idea of imposing law on the global ocean of free bits that has flooded into cyberspace is a gross and harmful over-extension of the power of the state and authority of the law." Gertner, whatever her own feelings on these kinds of cases, sees clearly that such claims amount to abolition of copyright in the digital age and are at odds with the law as currently written."

http://arstechnica.com/tech-policy/news/2009/07/judge-rejects-fair-use-defense-as-tenenbaum-p2p-trial-begins.ars