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Monthly Archive for September, 2008

tennenbaum deposition – grind and intrusiveness of copyright process

i am sitting twitting at the legal deposition of a digital native who is having his digital universe bared to exploration by the RIAA

“did you download pornography on kazaa”

matt oppenheim, present as RIAA client, the man who took napster down, passes notes to his subordinate who asks the questions, nailing down elements of asserted copyright violation.

joel tennenbaum is a digital native now 24 years of age
in many ways he is a stand-in for his born digital generation
his alleged copyright violations occurred years ago
perhaps like yours

RIAA is using of the full force of federal law against him
a case study in the grinding operation of the federal rules of civil procedure
and of federal statutory law behind it

joel is now an adult of an age that empowers him to vote and sit on juries
likewise other digital natives of his coming cohort

will his peers in the peer to peer world of sharing he grew up in be challenged from his jury “for cause”? will juries in the future be likewise cleansed?

i ended the day begun at 9am at 6pm. here my twitters for the day. read from the bottom up:

so you used napster, kazaa and limewire

when did you stop using limewire

do you have an understanding of what copyright infringement is

so you understood that with kazaa running in the background people could download from you

nine inch nails, did you put it in a share folder after you ripped it

40 pages of screenshots of sublimeguy@KaZaA

just handed a printout showing porn all over sublimeguy14@KaZaA

joel in red sox shirt and sun glasses

they mark a section of the transcript in which joel spars with philosophy

audiogalaxy, aimster, direct connect

what is your myspace page

did you ever blog about your car
did you upload photographs

what did you use anglefire for

lady tiger pregnant with twins examining joel

but then turned to settlement and opposition, $12000 and going up with expenses

at lunch all is jovial talk

joel wearing a red sox shirt

this is the interface

did the computer have speakers

did you ever use sublimeguy14 on your e machine

did it have kazaa on it

where is that computer

once the computer fried what was the next computer you had

in a deposition watching riaa capture a defendant’s total digital history based on their power to depose a defendant they are suing

presidential poker game

sitting with position on obama
waits for obama to make his play
not hillary
what does that say
what does that say
to whom is he speaking
mccain sees a tell and makes his play

all-in with palin
straight talk rollin
mccain the maverick fighter
alaska woman at his side
choo choo who do you choose

obama seen and raised
action now to him



a shiningly bright idea to teach digital natives their legal creative rights and communal responsibilities in a mode that exemplifies that teaching


. . . And they’ve never known any other way of life.”

OK it’s actually a bit of a stretch to say that Palfrey and Gasser “debunked” myths, but they did try to reframe traditional thinking about some online issues. The three main issues they addressed were privacy, intellectual property, and credibility. Rather than “debunking” any of these per se, or even actually defining them as myths, the duo recast them in a more “digital” light. Instead of privacy issues, we have networking and collaborative opportunities. Instead of copyright problems, we have a chance to teach young people what can and can’t be used under a Creative Commons license or by fair use. Instead of a credibility problem, we have information sharing and improved access to knowledge. It’s an idealistic perspective, but an appealing one

thanks to bostonist