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...array of “discovery” tools available to civil litigators for building a case pre-trial, deposition is one of the most powerful—an opportunity for one side’s lawyers to conduct a virtual interrogation of potential witnesses, often at their own law offices, with a court reporter present to transcribe. Put under oath and given very few grounds for objection, the deposed party has no recourse for evasion. Add to this the fact that depositions often last for hours and even days, and you get a process that is fatiguing at best...

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

...worked on copyright issues with broadcast giants NBC and Fox, and recently served as a special counsel to the 2008 campaign of Republican presidential candidate John McCain. With a little time on his hands following the November election, Sheffner, who had some journalism experience on Capitol Hill prior to law school, turned to blogging about copyright issues—a sector where, he said, there was a need for a more conservative viewpoint. “When you go on the Internet and you want to read about copyright issues, ninety-nine percent of what you read...

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

...complicating issue, Sheffner said, is one of professional liability. “If you work at a big law firm and you start debating people in the comments section in the corner of some blog, whether you like it or not, people are going to attribute your views to your company or your law firm or your client,” he said. “So people who believe strongly in copyright and make a living doing so might be most knowledgeable, but they’re less able to speak publicly...

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

...with his own blog and Twitter updates, appears in multiple YouTube videos, plays Internet poker regularly, and has taught classes online using the virtual reality site SecondLife, makes no secret of his online footprint or his copyleft orientation. It was this mischievous-looking 70-year-old law professor who served a decade ago as the motive force behind the founding of Harvard’s Berkman Center for Internet and Society—an organization that grapples with the developing legal issues surrounding the use of the Internet and has been dubbed “a den of copyleft activists?...

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

...kids not to click on the net, and the exercise of the authority to keep them from smoking marijuana,” Nesson tells me in his office, drawing a couple of the threads together. “They both are articulations of an authoritarian state in which the law is being used by the people who’ve figured out how to use influence within the state against the interests of an unrepresented public. There’s nobody to defend the public domain...

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

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