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...chagrin. At this point, Joel has participated in public panel discussions about his case. He’s had the opportunity to engage in meandering philosophical conversations with one of the nation’s foremost legal minds (“What do you think it means to know something?” he asked Nesson during a break in the action at one of the legal proceedings), he’s appeared in professional photo shoots with the team of Harvard Law hot-shots undertaking his defense—always in the center. At one photo shoot, the team...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...about or is this them just making a big stink?’” Tenenbaum recalls. “He says, ‘Don’t worry about it, this is par for the course.’ When it comes down to it, I know that he has a very firm grasp of the big picture and how to execute that...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...don’t even know what you mean when you say ‘fairness,’” Bilderbeck insists, seated in a chair opposite Nesson’s desk and bristling at his professor’s apparent disregard for the four factors of the fair use canon. “I don’t know what ‘fair’ is…It seems like you want me to read your mind, and it’s not happening...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part II | 5/9/2009 | See Source »

...with oddities: Nesson offering his encouragement (“Be proud”) while Tenenbaum fields a question about whether he downloaded pornography; Tenenbaum, in a fit of philosophical whimsy, informing the plaintiffs that he was sure of something only “to the extent that anyone can know anything about what they did while they were conscious”; Burton, requesting that Joel pick files he did not download from a 40-page printout of his share folder and receiving a listing of several off-color adult-film selections in response. Lawyerly disdain, often smothered by the formalism...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part I | 5/9/2009 | See Source »

...which Nesson himself is no stranger. Take this bit, posted to his blog after Olympic champion Michael Phelps was caught smoking marijuana at a party in South Carolina: “how humbling/they make our champion apologize/to whom/for what/apologize for doing something you want to do/that you know isn’t wrong/so that your corporate endorsers won’t be upset.” Such a free-wheeling attitude doesn’t always go over well with students: “Is there a method to the madness?”one student reporter asks...

Author: By Christian B. Flow, CRIMSON STAFF WRITER | Title: Building the Public Domain, Part I | 5/9/2009 | See Source »

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