Judge nixes fair-use defense in music file-sharing case

In a last-minute knockout punch, delivered just hours before the latest high-profile music file-sharing case was scheduled to start, Judge Nancy Gertner has denied a fair-use defense to Boston University graduate student Joel Tenenbaum, ZDNet reports. Tenenbaum’s legal team, consisting of Harvard professor Charles Nesson and a team of students at Harvard’s Berkman Center for Internet and Society, had sought to present the fair-use theory to the jury, but the judge took the issue away, granting the record labels’ motion for summary judgment on the issue. Noting that Tenenbaum’s legal team "has put no facts into evidence on which the Court could rely; his opposition briefs are not accompanied by any affidavit, expert report, deposition testimony, or other evidence of the kind described by Rule 56(e)," the judge found there were no factual contentions for a jury to decide…

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