Intellectual Property Law

Berkman Center Founder Denies Pretrial Shenanigans

By David Kravets

Charles Nesson, the founder of the Berkman Center for Internet and Society at Harvard University, told a federal judge Thursday he has been abiding by court rules and orders in a file sharing case set for a July 27 trial.

Nesson, who defended Daniel Ellsberg in the Pentagon Papers case, provided his response amid concerns from the judge presiding over the copyright infringement case that he has shown a “blatant disregard” for court procedure. The Recording Industry Association of America, the plaintiff in the case, has urged U.S. District Judge Nancy Gertner of Massachusetts to sanction Nesson on accusations he was illegally recording pretrial proceedings and posting some of them to the internet in violation of the judge’s orders.

“With respect for the legitimate authority of the court, I have felt it necessary to approach (but hopefully not cross) the boundary of the court’s authority to circumscribe the liberty of my client (and me on his behalf) to record the history of the process to which he is forced to submit. At no point have I crossed the boundary and I am certain that I have never been surreptitious,” Nesson wrote. (.pdf)

He said the judge should deny the RIAA’s bid for sanctions, calling the motion “a tactic to distract and sap the energy, and resources and reputations of those they oppose.”

Nesson is defending a former Boston University student, Joel Tenenbaum, in what is to become the nation?s second file sharing lawsuit brought by the RIAA to go before a jury. The first resulted in a $1.92 million judgment last month against a Minnesota woman for sharing 24 songs.

Threat Level on Monday summarized the recording industry’s allegations against Nesson in a story detailing the RIAA’s request to the judge that she order Nesson to remove from the internet “illegal” recordings.

Nesson and students from the Berkman Center are defending the case for free.

The RIAA began its file-sharing litigation campaign five years ago, and most of the 30,000 defendants have settled out of court for a few thousand dollars.

Photo: AP

See Also:

• RIAA Seeks Web Removal of ‘Illegal’ Court Recordings
• In Internet First, RIAA File Sharing Hearing to Be Webcast …
• Judge Mulls Sanctions Against Berkman Center Founder
• Court Bars RIAA Trial Webcast
• MP3 Revolution: Rhetoric or Real?

Full post as published by Threat Level on July 09, 2009 (boomark / email).