Harvard prof tells judge that P2P filesharing is "fair use"

arstechnica.com

17 pointspmikal4 comments

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.)

Yeah, I was thinking this sounded like a Hail Mary pass, but I like your analogy more.

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.

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

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