Word: files
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Dates: during 2000-2009
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...that I’m just one person among 40,000 who’s in the same circumstances,” he says, referencing the other individuals who were sued by record labels during the recording industry’s recently-halted five-year legal campaign against individual file-sharers. “My role in the case is not just a matter of consequences...
...potentially “slamming the courthouse door” on those too cowed by the financial burden to consider risking further expenses by fighting the case. Of further concern was the possibility that the recording industry was attempting to use its lawsuits to send a message to potential file downloaders and not just to redress its damages, giving its lawsuits an extra objective not allowed by the rules of civil procedure. The strategy—a challenge to the very constitutionality of the laws behind the recording industry’s case rather than a plea of innocence...
...published material is being copied and what effect the copying might have on the material’s value. Teachers re-producing a few paragraphs of a book for use in the classroom qualifies as “fair use.” Participation in a peer-to-peer file-sharing network, where songs are made available for download by thousands of people, traditionally does not. And, according to Nesson’s colleagues, it was nearly unthinkable that such a precedent would be changed. “I’m worried by your statement that...
...second of its kind. The only other case from the recording industry’s five-year litigation campaign to reach a jury was that of a Minnesota woman named Jammie Thomas, who was sentenced in 2007 to pay $220,000 to the record companies for her file-sharing activities. A juror went on record after that trial calling Thomas a “liar.” (Thankfully for Thomas, a judge later threw out the trial verdict, invalidating the proceedings.) Things went something better for Cusick and Stroup, the marijuana crusaders, who were convicted by a jury...
...stop [the future], but how do you reshape it in order to thrive….That’s clearly where I’m at and its clearly a form of legal practice and legal academic thought that is different from the traditional just-go-to lawyers-file-the-papers-kind-of-thing, and I’m sure will be tut-tutted by some people but I think its force is undeniable and its necessity is clear...