i am sitting twitting at the legal deposition of a digital native who is having his digital universe bared to exploration by the RIAA<\/p>\n
“did you download pornography on kazaa”<\/p>\n
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.<\/p>\n
joel tennenbaum is a digital native now 24 years of age
\nin many ways he is a stand-in for his born digital generation
\nhis alleged copyright violations occurred years ago
\nperhaps like yours<\/p>\n
RIAA is using of the full force of federal law against him
\na case study in the grinding operation of the federal rules of civil procedure
\nand of federal statutory law behind it<\/p>\n
joel is now an adult of an age that empowers him to vote and sit on juries
\nlikewise other digital natives of his coming cohort<\/p>\n
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?<\/p>\n
i ended the day begun at 9am at 6pm. here my twitters for the day. read from the bottom up:<\/p>\n
so you used napster, kazaa and limewire <\/p>\n when did you stop using limewire <\/p>\n do you have an understanding of what copyright infringement is <\/p>\n so you understood that with kazaa running in the background people could download from you <\/p>\n nine inch nails, did you put it in a share folder after you ripped it \t <\/p>\n 40 pages of screenshots of sublimeguy@KaZaA \t <\/p>\n just handed a printout showing porn all over sublimeguy14@KaZaA\t <\/p>\n joel in red sox shirt and sun glasses<\/p>\n they mark a section of the transcript in which joel spars with philosophy \t <\/p>\n audiogalaxy, aimster, direct connect<\/p>\n what is your myspace page <\/p>\n did you ever blog about your car what did you use anglefire for <\/p>\n lady tiger pregnant with twins examining joel <\/p>\n but then turned to settlement and opposition, $12000 and going up with expenses <\/p>\n at lunch all is jovial talk <\/p>\n joel wearing a red sox shirt <\/p>\n this is the interface<\/p>\n did the computer have speakers <\/p>\n did you ever use sublimeguy14 on your e machine <\/p>\n did it have kazaa on it <\/p>\n where is that computer <\/p>\n once the computer fried what was the next computer you had <\/p>\n in a deposition watching riaa capture a defendant’s total digital history based on their power to depose a defendant they are suing<\/p>\n <\/strong><\/p>\n","protected":false},"excerpt":{"rendered":" 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 […]<\/p>\n","protected":false},"author":370,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[387,1],"tags":[],"class_list":["post-573","post","type-post","status-publish","format-standard","hentry","category-riaa","category-uncategorized","p1","y2008","m09","d24","h06"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/posts\/573","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/users\/370"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/comments?post=573"}],"version-history":[{"count":0,"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/posts\/573\/revisions"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/media?parent=573"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/categories?post=573"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/tags?post=573"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\ndid you upload photographs<\/p>\n