Final judgment in Sony v. Tenenbaum entered by Judge Nancy Gertner today. The 30 day appeal clock starts to run. Should be interesting to see what the First Circuit does with this one, although I suspect that the betting is heavy in favor of quick affirmance.
A few choice quotes from Judge Gertner’s opinion, which is provided in full below on scribd.com.
“the Court, deeply concerned by the rash of file-sharing lawsuits, the imbalance of resources between the parties, and the upheaval of norms of behavior brought on by the Internet, did everything in its power to permit Tenebaum to make his best case for fair use.…The Court did what it could to focus the issue, notwithstanding what can only be described as a truly chaotic defense.”
Tenenbaum “tailor[ed] his fair use defense to suggest a modest exception to copyright protections,” he “mounted a broadside attack that would excuse all file sharing for private enjoyment.
The BLS Discovery Pilot Project will be implemented on January 4, 2010 and was developed as the result of a joint effort of the BLS judges and the BLS Advisory Committee, in an effort to address the increasing burden and cost of civil pretrial discovery, particularly electronic discovery.
I’ve been getting emails like the one below for months. Maybe if I get one from a prospective client in Nigeria I’ll head over for a visit …..
Dear Desired Lawyer/Lawfirm,
Greetings to you from Nippon Steel Corporation
With all due respect, please kindly confirm the receipt of this mail if you are in a position to represent on our company in matters of delinquent accounts.
We contact you to represent our company after a careful review of your profile. We are of the opinion that you represent us in the United States of America in order for us to recover monies due to our organization by our American clients.
In order to achieve these objectives a good and reputable lawyer or law firm will be required to handle this service. Please advice once you take in this issue.
P.S. If you are not in the position to represent us we would be very glad if you could refer us to any law firm in North America or Canada that could.
Here is a link to Judge Judith Fabricant’s recent decision in Stein v. Clinical Data (reported on the front page of the November 30, 2009 Mass Lawyer’s Weekly), where she found that the plaintiff had destroyed evidence. Judge Fabricant sanctioned the plaintiff in this case by dismissing his case and ordering him to pay almost a quarter of a million dollars in attorney’s fees and costs to the defendant. These cases are relatively rare (since the party who destroys evidence rarely is caught), but the consequences to the party who engages in this kind of conduct can be devastating.