tag:blogger.com,1999:blog-5383512304639632735.post1682823653844381236..comments2024-01-23T07:34:52.253-08:00Comments on Copyrights & Campaigns: Tenenbaum elaborates on Nesson, secrecy, 'Schmuck'-gateBen Sheffnerhttp://www.blogger.com/profile/06477793715765992689noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-5383512304639632735.post-88260384530102832422009-04-08T06:59:00.000-07:002009-04-08T06:59:00.000-07:00For the creators of intellectual property, such as...For the creators of intellectual property, such as music, prose, lyrics, poetry, programs, performances, etc. (our fields as examples) the issue is just plain simple.<BR/><BR/>Ask those who defend the plagiarists and the thieves to imagine themselves in this situation:<BR/><BR/><BR/>You go to work all this week, day in, day out, all seven days. Work at your job diligently; put in overtime hours; deny yourself little pleasures, even forgo taking lunches, to get your work done extremely well. <BR/><BR/>You are proud of your work of course, even though those around you, who work at easier jobs, might make it difficult to concentrate on it. <BR/><BR/>Now, finally, it's payday. It's a beautiful summer day.<BR/>You've worked hard, brought your talents into full play, even sacrificed family time to produce a superb week's work.<BR/><BR/>Now,<BR/>hand that check over to the person who just walked up beside you. <BR/><BR/>They are holding a surfboard by one hand and sipping a pina colada with the other while you endorse it over to them. <BR/><BR/>Wave happily as they take your money to go buy a nice dinner for themselves before they spend the rest of the week surfing.<BR/><BR/>Now, go back to work.MSDhttp://singingstring.orgnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-1914521917185046142009-04-07T09:22:00.000-07:002009-04-07T09:22:00.000-07:00It appears as if Mr. Nesson is becoming "drunk on ...It appears as if Mr. Nesson is becoming "drunk on his own wine." It is one thing to publicize a matter to engender a public discussion, but quite another to take that public discussion into the courtroom and wax poetic on matters of public policy entrusted to Congress.<BR/><BR/>I am also struck by the apparent argument that punitive damages jurisprudence is the "form, fit, function" equivalent of statutory damages, and that, therefor, the limits of the former must necessarily apply to the latter. As yet I have not seen any analysis of the policy underpinnings for each, what I deem a necessary precursor to presenting a persuasive argument for equivalency. Punitives are creatures of the common law, and in a general sense cases such as Valdez have addressed the concern of unbridled and arbitrary jury awards. In contrast, in lieu/statutory damages are creatures of our legislative process and are the result of policy decisions made by Congress. These are not trivial distinctions, so I am at a loss to understand why it seems plaintiff's counsel (and others who advocate equivalency) has thus far chosen to pursue an approach that to date has not laid what I believe is a very important factual predicate.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-5383512304639632735.post-24335551403050691822009-04-07T04:40:00.000-07:002009-04-07T04:40:00.000-07:00radical transparency - try it, you'll like it, esp...radical transparency - try it, you'll like it, especially with a client who has committed no crime and has no reason to hide, indeed every reason to want the public to see how abusive and intrusive the process is with which riaa is attempting to crush himfern and charlie nessonhttps://www.blogger.com/profile/11015583582845850434noreply@blogger.com