First, the Pretrial Memorandum, which gives a summary of the evidence the record labels plan to introduce to prove that Tenenbaum, a 25-year-old Boston University physics grad student, used Kazaa to download and distribute the 30 songs the labels have decided to pursue.
Plaintiffs' Pretrial Memorandum
Most of the evidence has been discussed previously. One new bit of info: the labels say they will move to exclude Harvard Law School professor John Palfrey from testifying as an expert, "because he is not qualified to offer an expert opinion on fair use or the 'fairness' of filesharing. Moreover, his testimony regarding 'fairness' is not the proper subject for expert testimony." Also, plaintiffs estimate that the trial will take 5-8 days, not including jury selection, and note that trial is expected to go from 9:00 a.m. to 1:00 p.m. daily.
The other documents filed by the labels include their:
- Proposed Jury Instructions. Note Proposed Instructions 27 and 28, which, though they don't use the words "making available," are roughly equivalent to a making available instruction.
- Proposed Voir Dire Questions.