Palfrey's expert report, on which he is being interrogated, can be found at Exhibit B of this document. He plans to testify about "how children understand fair use," "the characteristics of digital natives," and "the importance in the education of children to communicate principles of behavior which they can understand." Doesn't the focus on "children" tend to weaken the argument for the relevance of Palfrey's opinions? Joel Tenenbaum, a physics grad student in his mid-20s, is hardly a "child."UPDATE: dispute breaks out over Nesson twittering from depo.
This is all well and good, but perhaps someone can explain to me, because it is not at all obvious, what the opinion of this individual has to do with any of the issues associated with Mr. Tenenbaum's conduct.
ReplyDeleteIs it just me, or has the concept of "transformative use" been tossed out of the window (or is, perhaps being disingenuously ignored by the defense)?