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File-Sharing Lawyer Says Judge Screwed Up

By Robert J. Ambrogi

No sooner did U.S. District Judge Nancy Gertner issue her opinion this week blasting Harvard Law Prof. Charles Nesson for his "truly chaotic" defense in the file-sharing lawsuit against Joel Tenenbaum than Nesson struck back. In an interview with Computerworld, Nesson brushed aside the judge's criticisms and said it was she who got it wrong and that he will seek a new trial. "Defense counsel repeatedly missed deadlines, ignored rules, engaged in litigation over conduct that was plainly illegal (namely, the right to tape counsel and the Court without consent), and even went so far as to post the illegal recordings on the web," Gertner wrote in her opinion. Even though she did everything in her power to permit Nesson to make his best case for a fair-use defense, she said, he "would have none of it," instead using "a version of fair use so broad that it would swallow the copyright protections that Congress created." But in the judge's criticisms of him and rulings on fair use, Nesson sees grounds for a new trial, he tells Computerworld: Nesson said he will also use Gertner's refusal to permit the fair-use defense in the case and other "major evidentiary errors" as...

Full post as published by Legal Blog Watch on December 10, 2009 (boomark / email).