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RIAA: Tenenbaum "fair use" defense is laughable
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Written by Daniel   
Wednesday, 15 July 2009 11:26

The first P2P trial in the US ended with a $1.92 million verdict. The second begins in two weeks, but the recording industry has just moved for summary judgment on the issue of "fair use," hoping to undermine one of the key defense strategies.

By Nate Anderson | Last updated July 14, 2009 11:30 AM CT

The trial hasn't even started yet, but the record labels appear to have had their fill of the crazy antics of Team Tenenbaum. As the second US trial against a file-sharing defendant approaches (it starts July 27), the labels have asked the judge for limited summary judgment—they want a ruling that Joel Tenenbaum's alleged P2P use is not "fair use."

Tenenbaum doesn't come across as a particularly sympathetic defendant in the motion, especially since he appeared to admit to doing the deed during his initial deposition. "The list of P2P networks that Defendant has used over the years reads like an entry from a P2P encyclopedia: Napster, AudioGalaxy, iMesh, Morpheus, KaZaA, and LimeWire, among others," say the labels. Even though Tenenbaum was notified in 2005 that the labels intended to file suit against him, his "Gateway computer contains evidence that Defendant was using the LimeWire file sharing program in February 2007, and possibly as late as May 2008, long after this case was filed, to distribute thousands of music files to other LimeWire users." [Ars Technica...]  [Comments...]

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