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30 Jul 2009, 8:59 am
"Lawyers for Tenenbaum have informally stated that they are without a real defense as a consequence of the rejection of the fair use defense by the trial judge, Nancy Gertner, so that the case will now turn on the damages issue, which will be decided by the jury, but also there, Tenenbaum does not stand much of a chance, since the law is clear.For details, see Ben Sheffner at ars technica and Copyrights & Campaigns, where he has a comprehensive discussion of the… [read post]
29 Jul 2009, 7:56 am
" That quote from Nesson's opening statement came from a report on Ars Technica written by copyright lawyer Ben Sheffner, author of the blog Copyrights & Campaigns, who is covering the trial. [read post]
27 Jul 2009, 8:03 am
But here again, Tenenbaum has put no facts into evidence on which the Court could rely; his opposition briefs are not accompanied by any affidavit, expert report, deposition testimony, or other evidence of the kind described by Rule 56(e)See Ben Sheffner's report, including Judge Gertner's early morning ruling.One of the controversies surrounding Joel's defense has been the very public discussion of whether the fair use defense could/should/would fly. [read post]
7 Jul 2009, 1:05 pm
Hat Tip: Ben Sheffner See Also: RIAA Seeks Web Removal of ‘Illegal’ Court Recordings Court Bars RIAA Trial Webcast File-Share With Immunity: Go to Harvard Jury in RIAA Trial Slaps $2 Million Fine on Jammie Thomas Jammie Thomas Lawyer: Get Me Off This Case! [read post]
2 Jul 2009, 8:45 am
However, as Ben Sheffner points out in a quote, Thomas has an uphill battle on this front as no Federal court has done what she and her attorneys are asking it to do. [read post]
29 Jun 2009, 8:30 am
Ben Sheffner, the attorney behind the Copyrights & Campaigns blog who once worked on the case on behalf of Fox, has noted that there were several procedural problems making the lawsuit unworthy of the high court's time. [read post]
22 Jun 2009, 1:03 pm
“The verdict will give ammunition to lawyers, academics and judges who want to impose a constitutional limit on statutory damages,” says Ben Sheffner, a copyright attorney who writes the Copyrights & Campaigns blog. [read post]
1 Jun 2009, 1:46 pm
Ben Sheffner, the attorney behind the Copyrights & Campaigns blog who once worked on the case on behalf of Fox, says the government’s brief (.pdf) points out some procedural problems the Justice Department maintains makes the lawsuit unworthy of the high court’s time. [read post]
14 May 2009, 12:52 pm
Without such immunity, there likely wouldn’t be trade associations, according to Los Angeles copyright attorney Ben Sheffner, who writes the must-read Copyrights & Campaigns blog, “In the RealDVD case, I expect one of the studios’ defenses (though certainly not their only defense) will be that, to the extent that they cooperated or made any agreements regarding copyright enforcement, such cooperation or agreements are immunized under N-P as… [read post]
1 May 2009, 9:23 am
Update: Ben Sheffner has a great post over at Copyrights & Campaigns on this issue. [read post]
22 Apr 2009, 3:12 pm
Ben Sheffner comments here on CNN's DMCA takedown notice sent to YouTube over Susan Roesgen's encounter with some "Tea Party" protesters on April 15th. [read post]
21 Apr 2009, 7:25 am
According to Ben Sheffner's Copyrights & Campaigns blog,Lichtman's interview with Picker focuses on a topic that gets much less attention than it deserves: how DRM enables pro-consumer business models. [read post]
16 Apr 2009, 5:50 pm
" And at his "Copyrights & Campaigns" blog," Ben Sheffner has a post titled "First Circuit rejects District Court webcast in Tenenbaum case; court rules Gertner lacked authority to permit cameras in courtroom. [read post]
8 Apr 2009, 8:12 am
“The stuff about posting internal discussions with his experts on the merits of the case is unheard of,” said Ben Sheffner, a Los Angeles copyright lawyer, to the Globe. [read post]
6 Apr 2009, 5:55 am
"First Circuit reveals panel for Tenenbaum webcast hearing; ghost of 'Boston's Children First' looms": Ben Sheffner has this post at his "Copyrights & Campaigns" blog. [read post]