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Monthly Archive for December, 2008

evidence 2009

my evidence class begins next monday

come be my guest

i teach evidence from a lawyer’s perspective. our class takes the role of lawyer in the spirit of liberty engaged in rhetorical legal contest within the framework of the federal rules of evidence.

1999 digital theft deterrence act — $150,000 per willful act — lunacy

in its way it is amazing to think that our senators and congressmen passed legislation that would allow riaa to collect over a million dollars from a kid on the peer to peer net who downloaded seven songs

what lunacy of mind sanctions that

how is it possible in a nation of lawyers that a statute could be passed which so outrageously authorized abuse of federal judicial process

why were we a nation asleep

are we awakening now

merry christmas to the net

To: Cary Sherman

hi cary,

thanks for your note. i don’t really understand why you are continuing the litigation, but if that’s your position then i ask you to agree to our motion, just filed, to admit internet to the courtroom, and then to join with me in making the trial the best possible example of civil discourse within the rules of federal civil procedure.

happy holidaze
best to you and family from me and fern


morning mail: From Cary Sherman

From: Cary Sherman
Date: Mon, Dec 22, 2008 at 3:09 PM
Subject: FW: AP: Music industry drops effort to sue song swappers
To: Charles Nesson

Hi Charlie.

Saw your comments in the AP story below. I hope you understand that we can’t just walk away from cases we’ve filed. Doesn’t mean we want to litigate everything, we’d obviously prefer not to. If you have any thoughts on a resolution, I’d be all ears.

Sorry I couldn’t tell you months ago that we were getting out of the lawsuits, but I’m sure you understand.

I hope you have a great holiday (and don’t have to spend the holidays working, now that you’re a litigator!).

Please give my best to Fern.


Music industry drops effort to sue song swappers

By RYAN NAKASHIMA – 27 minutes ago

LOS ANGELES (AP) — The group representing the U.S. recording industry said Friday it has abandoned its policy of suing people for sharing songs protected by copyright and will work with Internet service providers to cut abusers’ access if they ignore repeated warnings.

The move ends a controversial program that saw the Recording Industry Association of America sue about 35,000 people since 2003 for swapping songs online. Because of high legal costs for defenders, virtually all of those hit with lawsuits settled, on average for around $3,500. The association’s legal costs, in the meantime, exceeded the settlement money it brought in.

The association said Friday that it stopped sending out new lawsuits and warnings in August, and then agreed with several leading U.S. Internet service providers, without naming which ones, to notify alleged illegal file-sharers and cut off service if they failed to stop.

It credited the lawsuit campaign with raising awareness of piracy and keeping the number of illegal file-sharers in check while the legal market for digital music took off. With two weeks left in the year, legitimate sales of digital music tracks soared for the first time past the 1 billion mark, up 28 percent over all of last year, according to Nielsen Soundscan.

“We’re at a point where there’s a sense of comfort that we can replace one form of deterrent with another form of deterrent,” said RIAA Chairman and Chief Executive Mitch Bainwol. “Filing lawsuits as a strategy to deal with a big problem was not our first choice five years ago.”

The new notification program is also more efficient, he said, having sent out more notices in the few months since it started than in the five years of the lawsuit campaign.

“It’s much easier to send notices than it is to file lawsuits,” Bainwol said.

The decision to scrap the legal attack was first reported in The Wall Street Journal.

The group says it will still continue to litigate outstanding cases, most of which are in the pre-lawsuit warning stage, but some of which are before the courts.

The decision to press on with existing cases drew the ire of Harvard Law professor Charles Nesson, who is defending a Boston University graduate student targeted in one of the music industry’s lawsuits.

“If it’s a bad idea, it’s a bad idea,” said Nesson. He is challenging the constitutionality of the suits, which, based on the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999, can impose damages of $150,000 per infringement, far in excess of the actual damage caused.

Nesson’s client, Joel Tenenbaum, faces the possibility of more than $1 million in damages for allegedly downloading seven songs illegally, which Nesson called “cruel and unusual punishment.” The case is set to go to trial in district court in Massachusetts on Jan. 22.

Brian Toder, a lawyer with Chestnut & Cambronne in Minneapolis, who defended single mother Jammie Thomas in a copyright suit filed by the RIAA, said he is also set to retry the case March 9 after a judge threw out a $222,000 decision against her.

“I think it’s a good thing that they’ve ended this campaign of going after people,” Toder said.

“But they need to change how people spend money on records,” he said. “People like to share music. The Internet makes it so easy. They have to do something to change this business model of theirs.”

when appropriate (in my judgment) to an open project and not sensitive (in my judgment) in terms of privacy, i may post email to my blog. all privacy requests respected.

team red

now we will see copy-right’s real strategy

From: Joel Tenenbaum
Date: Fri, Dec 19, 2008 at 8:52 AM
Subject: [cyberone-riaa] [Fwd: riaa]


“Indeed, many in the music industry felt the lawsuits had outlived their


so early investors take $50 billion from late investors, minus madoff’s company costs, philanthropy and what he took out for himself

the early investors in ponzi schemes give them their credibility
others are then let in on their profits and their cache

jamaica has been similarly hit, with ponzi schemes styled for both rich and poor, olints and cash plus

poor people put their savings in because they have no other way to make money
same with rich people, sort of

what is the connection between riaa and Davenport Lyons

UK ISPs were ordered earlier this year [and in 2007] by the High Court to disclose information relating to its customer’s data, based on information provided to them by amongst others, video games companies. The information sought was based on the customer’s IP address. Pursuant to CPR 31.18, lawyers applied for an order that the ISPs disclose the full name, postal address and telephone number of the subscriber of each of the IP addresses supplied.

The game plan was to match each IP address with an individual and write to them with a hefty threatening letter and a request for £500-600. If this sum was not paid, court action was threatened, costing tens of thousands of pounds. It all seemed fairly conclusive. The ISPs complied and the Lawyers [Davenport Lyons] commenced the enormous task of writing to over (so we understand) 25,000 potential infringers.

read on

ascot high

yesterday kevin and colleen and i led a group of kids at ascot high in freerice competition. all agreed we all learned and had fun, every one of us, just as in the experiment we did in cyberone with thwartpoker. put this together with the open university model and a training for tutors for scalable internet mediated public education, a network world for schools to use as they choose, with a curriculum of learning games geared to cxc.

supported by banner ads beneath the freerice awards
of jamaican companies that would like to support and be seen to support the effort

i’d like you to meet sonya and shamika and jamal

Dear Charlie:

A little over a year ago we sat in beautiful Dubrovnik (iSummit 07)
and spoke about running a course on “Poker and Democracy” as part of a
Peer 2 Peer University. Since then, we have developed the concept for
the P2PU, signed up a great advisory group, received letters of
support from Larry Lessig and Mark Surman, and are now preparing to
launch the pilot phase of the P2PU in early 2009.

We would love to work with you to create an entirely free and open
course on Poker. Such a course would bring together small groups of
students (8-14) who work together for 6 weeks. Courses are open to
anyone. A tutor, typically a graduate student in the field, provides
support and facilitation. The course materials can easily be
duplicated so that one set of course materials can spawn many
instances of learning groups.

I’d like to schedule a call to tell you more about the P2PU, and
discuss how P2PU could link to your interest in Poker and learning. It
would be great if you could suggest a date/time (I am 7 hours ahead)
and send me a number where I can call you. If you prefer, we can also
have that conversation by email.

The basic concept of the P2PU is here:

Our advisory Group:

The Chronicle has written a short article about the

Best – P

we are linear

we need to be exponential
please join our facebook group
joel fights back
we are beginning to hurt for money
who will back us in this play against riaa

who will right the story

whois with eon