From: Charles Nesson
\nDate: Fri, Nov 21, 2008 at 11:41 AM
\nTo: Timothy M Reynolds
\nCc: Eve Burton , Joel Tenenbaum, Arthur & Judie Tenenbaum, CyberOne RIAA<\/p>\n
hello tim
\nno, this is not an important issue. this is an issue of immense triviality such as to make a mockery of you in denver and me in cambridge spending our friday morning sending email back and forth to each other about it. there are truly important issues at stake in this litigation but this is not one of them.<\/p>\n
\nFrom: Timothy M Reynolds
\nDate: Fri, Nov 21, 2008 at 11:34 AM
\nTo: nesson
\nCc: Eve Burton <\/p>\nHello Charlie:
\n\u00a0
\nEve forwarded your email to me.\u00a0 I don’t wish to belabor this, but we want to be sure of the status of things so that we can make a decision on whether to move to compel.\u00a0 The testimony thus far has been clear that Joel created and maintained in his music collection a number of homemade music CDs, and that he left some of his collection at 20 Upton Avenue.\u00a0\u00a0I am concerned about the narrow scope of Ms. Tenenbaum’s response below (ie., “no CDs in our house”).\u00a0 Please advise as to whether Mr. or Mrs. Tenenbaum have any homemade music CDs in their possession, custody or control (regardless of whether such CDs are “in the house”).\u00a0 If they do not,\u00a0can you please advise as to what happened to the CDs Joel left?\u00a0 This is an important issue.\u00a0 Thanks very much.
\n\u00a0
\nTim\u00a0<\/p>\n\nFrom: Charles Nesson
\nTo: Eve Burton
\nSent: Fri Nov 21 05:37:09 2008
\nSubject: Fwd: Fwd: [cyberone-riaa] Motion to Quash – Arthur & Judie Subpoena <\/p>\n\n———- Forwarded message ———-
\nFrom: Tenenbaum
\nDate: Thu, Nov 20, 2008 at 11:25 PM
\nSubject: Re: Fwd: [cyberone-riaa] Motion to Quash – Arthur & Judie Subpoena
\nTo: nesson<\/p>\nThere are no CDRS in our house that Joel created.<\/p>\n
\nCharles Nesson wrote:<\/p>\n
eve burton writes: the\u00a0question\u00a0is whether there are any CDRs that Joel created that are in their possession, custody or control?\u00a0 Are there any CDRs in their house that Joel created?\n<\/p><\/blockquote>\n<\/blockquote>\n<\/blockquote>\n<\/blockquote>\n
From: Eve Burton
\nDate: Thu, Nov 20, 2008 at 6:44 PM
\nSubject: RE: [cyberone-riaa] Motion to Quash – Arthur & Judie Subpoena
\nTo: nesson
\nCc: Timothy M Reynolds , Laurie Rust , Anne Allen <\/p>\nCharlie:
\nJust to be clear, your email below states that Joel did not burn any CDRs for,\u00a0or give any CDRs to, Arthur or Judie, but the\u00a0question\u00a0is whether there are any CDRs that Joel created that are in their possession, custody or control?\u00a0 Are there any CDRs in their house that Joel created?\u00a0\u00a0\u00a0 Can you please clarify.\u00a0 We would like to avoid unnecessary motions practice.\u00a0
\nThanks.
\nEve<\/p>\n\nFrom: Charles Nesson
\nSent: Thursday, November 20, 2008 3:36 PM
\nTo: Eve Burton
\nCc: Joel Tenenbaum ; Arthur & Judie Tenenbaum; CyberOne RIAA
\nSubject: Re: [cyberone-riaa] Motion to Quash – Arthur & Judie Subpoena<\/p>\neve:
\nwe claim that your use of process against joel is abusive and improperly in service of the prosecution through civil process of an essentially criminal claim. as such it should stop, at least until the judge had had a chance to rule on our contention.<\/p>\nin any event both judie and arthur stated in their depositions that joel did not burn cds for them or give cds to them. your subpoena calls for them to produce all burned cds from joel they possess. they represent to me they have nothing to produce.
\n-charlie<\/p>\n\nOn Thu, Nov 20, 2008 at 12:18 PM, Eve Burton wrote:<\/p>\n
Charlie:
\nPlease explain what possible grounds you have to move to quash this subpoena (in this regard, you may want to look at our Motion to Compel\u00a0the Tova subpoena b\/c our arguments on relevance and burden are largely the same and address your likely arguments here as well).\u00a0 Our subpoena is very limited and the CDRs are clearly relevant based on the deposition testimony.\u00a0 You have opposed virtually every bit of discovery we have sought in this case.\u00a0 The arguments you\u00a0are putting forward are borderline frivolous.\u00a0 At some point we may seek our costs for this\u00a0vexatious strategy of opposing all discovery.\u00a0
\nEve<\/p>\nCONFIDENTIALITY NOTICE – This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain information that is confidential or legally privileged. If you are not the intended recipient, or a person responsible for delivering it to the intended recipient, you are hereby notified that you must not read or play this transmission and that any disclosure, copying, printing, distribution or use of any of the information contained in or attached to this transmission is STRICTLY PROHIBITED. If you have received this transmission in error, please immediately notify the sender by telephone or return e-mail and delete the original transmission and its attachments without reading or saving in any manner. Thank you.<\/p>\n
FEDERAL TAX ADVICE DISCLAIMER We are required by U. S. Treasury Regulations to inform you that, to the extent this message includes any federal tax advice, this message is not intended or written by the sender to be used, and cannot be used, for the purpose of avoiding federal tax penalties.<\/p>\n
\n—–Original Message—–<\/p>\n
From: Charles Nesson
\nSent: Thursday, November 20, 2008 8:47 AM
\nTo: Eve Burton
\nCc: CyberOne RIAA ; Joel Tenenbaum ; Arthur & Judie Tenenbaum
\nSubject: Re: [cyberone-riaa] Motion to Quash – Arthur & Judie Subpoena<\/p>\nwe will be filing a motion to quash Arthur and Judie Tenenbaum’s subpoena\n<\/p><\/blockquote>\n<\/blockquote>\n<\/blockquote>\n
——
\nwhen 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.<\/p>\n","protected":false},"excerpt":{"rendered":"From: Charles Nesson Date: Fri, Nov 21, 2008 at 11:41 AM To: Timothy M Reynolds Cc: Eve Burton , Joel Tenenbaum, Arthur & Judie Tenenbaum, CyberOne RIAA hello tim no, this is not an important issue. this is an issue of immense triviality such as to make a mockery of you in denver and me […]<\/p>\n","protected":false},"author":1542,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-599","post","type-post","status-publish","format-standard","hentry","category-uncategorized","p1","y2008","m11","d21","h06"],"jetpack_featured_media_url":"","_links":{"self":[{"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/posts\/599","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\/1542"}],"replies":[{"embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/comments?post=599"}],"version-history":[{"count":0,"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/posts\/599\/revisions"}],"wp:attachment":[{"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/media?parent=599"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/categories?post=599"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/archive.blogs.harvard.edu\/nesson\/wp-json\/wp\/v2\/tags?post=599"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}