tag:blogger.com,1999:blog-5383512304639632735.post5991451306613039718..comments2024-01-23T07:34:52.253-08:00Comments on Copyrights & Campaigns: Tenenbaum legal team: good on Twitter; lacking in legal tacticsBen Sheffnerhttp://www.blogger.com/profile/06477793715765992689noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-5383512304639632735.post-84799577896594630162009-02-08T16:40:00.000-08:002009-02-08T16:40:00.000-08:00understood, you are not counsel to joel, you are a...understood, you are not counsel to joel, you are assuming no attorney-client relationship, your comments are in your capacity as a blogger. I hope you will help my students improve the document.<BR/><BR/>http://joelfightsback.com/wp-content/uploads/sanctions-response-for-web.pdfAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-83364385034254492962009-02-07T05:46:00.000-08:002009-02-07T05:46:00.000-08:00If you'd like, you are free to send me a draft, an...If you'd like, you are free to send me a draft, and I will comment on it -- publicly, as a blogger. But to be clear: I will not provide legal advice to Mr. Tenenbaum or form an attorney-client relationship with him.Ben Sheffnerhttps://www.blogger.com/profile/06477793715765992689noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-20071103674396444232009-02-07T05:36:00.000-08:002009-02-07T05:36:00.000-08:00my students and i are at work on a response to the...my students and i are at work on a response to the riaa's request for sanctions against me. perhaps we could share the draft with you and get your assessment and suggestions for improvement. we won't be filing it until the first circuit matter resolves, or unless sooner requested by the trial judge.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-15942014909099663452009-02-05T16:19:00.000-08:002009-02-05T16:19:00.000-08:00We'll see. You may be right on some of the proced...We'll see. You may be right on some of the procedural gaffes, but they won on the motion for internet in the courtroom in District Court. <BR/><BR/>I still think that's pretty good for a bunch of students.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-12301528895234124902009-02-04T17:27:00.000-08:002009-02-04T17:27:00.000-08:00This is an actual case in federal court, with real...This is an actual case in federal court, with real parties with real interests on both sides. It is not simply an academic exercise, or a way to "raise awareness" of an issue the students care about.<BR/><BR/>Prof. Nesson and the students had every right to take this case. But once they agreed to represent Tenenbaum, they also took on the obligation to abide by the same rules of civil procedure as all other attorneys. For the reasons I've stated, I don't think they've lived up to that obligation.<BR/><BR/>As for the appellate brief, I think it's just plain bizarre, and I suspect some judges on the Court of Appeals will not look kindly on their "outsourcing" the real work to amici. The students are certainly capable of doing better, and I'm sure they actually *do* much better when they turn in briefs for their own moot court assignments or other classes.Ben Sheffnerhttps://www.blogger.com/profile/06477793715765992689noreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-58396897473035608592009-02-04T16:49:00.000-08:002009-02-04T16:49:00.000-08:00I think they are doing a good job both raising awa...I think they are doing a good job both raising awareness of the case and working with the resources they have. Remember, this is a pro bono matter.<BR/><BR/>As for the 2-page appellate brief, Joel adopts the arguments in the amici briefs of the EFF, the AP, New York Times and others. I suspect there are plenty of cases in those. It's refreshing not to overkill the case citations (or the trees).<BR/><BR/>I think what Prof. Nesson is doing is very smart. He's teaching his students that law is a creature of the people, and should be within the reach of the ordinary person. Criticize it as you might, at least their strategy is open to judgment in the court of public opinion. I am sure that Prof. Nesson would defend your right to criticize it on your blog. <BR/><BR/>Not all litigators take that tactic, you know.Anonymousnoreply@blogger.com