Convicted file-sharer Joel Tenenbaum hasn’t given up on getting either a retrial, or a significantly reduced damages award. But his eccentric lawyer Charles Nessom is arguing that Tenenbaum’s file-sharing activities were partially the labels’ fault. “Their continued conduct of releasing their recordings into a digitally networked environment on DRM-free CDs made the proliferation of their recordings on the peer-to-peer networks trivially easy,” he writes. “Their aggressive promotion of their recordings made such proliferation entirely predictable. Indeed, their mode of publication all but invited sharing. Plaintiffs knew, or should have known, exactly where their sound recordings would end up.” It’s a debate, but whether it has legal legs is questionable. Source: Ars Technica
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