The record label plaintiffs have moved to exclude John Palfrey as Joel Tenenbaum's expert, arguing that the Harvard Law School professor's opinions on the behavior of "digital natives" are irrelevant and inadmissible.
Plaintiffs' Motion to Exclude John Palfrey as expert
What's striking from the motion and the excerpts from Palfrey's deposition is how little Palfrey actually has to say about this case. He concedes that he has no knowledge of Tenenbaum's activities, has read barely any of the case documents, and will not even opine whether he considers Tenenbaum to be a "digital native" or whether he committed copyright infringement. Palfrey apparently intends to opine about "how children understand fair use," but Tenenbaum was a 20-year-old college student at the time of the detected infringement in 2004 -- not a child. Perhaps Palfrey has sufficient expertise to state with authority that many young people use p2p to obtain music illegally. No doubt. How that absolves Tenenbaum of his own infringement is beyond me.
Here is Palfrey's expert report and CV.