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Lawyer in Tenenbaum music piracy case to seek retrial

Dec 11, 2009, 21:33 (0 Talkback[s])
(Other stories by Jaikumar Vijayan)

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"In her decision, Gertner wrote that the court might have been willing to hear the "fair use" defense asserted by Nesson had it been presented in a proper manner. Gertner said she had to forbid Nesson from presenting a fair-use defense in the case because the manner in which it was presented to the court was too broad and vague.

"If Nesson had tailored his defense to suggest a "modest exemption" to copyright protections, the court would have been willing to entertain it, Gertner noted. As an example of such an exemption, Gertner wrote that individuals who had used new file-sharing networks in the "technological interregnum" before legal paid music downloads were available might be able to rely on a fair-use defense, if they had later started paying for such downloads.

"The fair-use doctrine allows for the use of copyrighted material without permission from the rights holders in certain limited circumstances."

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