Nesson Letter To Gertner Re Recordings 8.13.09
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Case 1:03-cv-11661-NG
Document 927
Filed 08/18/2009
Page 1 of 1
HARVARD LAW SCHOOL CAMBRIDGE' MASSACHUSETTS'
Charles R. Nesson Weld Professor ofLaw Faculty Co-Director, Berkman Center for Internet and Society
02138 phone: 617-495-835 fax: 617-495-4299 [email protected]
August 13,2009 The Honorable Nancy Gertner United States District Court One Courthouse Way Suite 4130 Boston MA 02210 Dear Judge Gertner, You requested a letter telling you of my intention with respect to three digital recordings I have made, (1) audio recording of Joel Tenenbaum's first deposition; (2) audio recording of a portion of a telephone conference with you, opposing counsel and my students in which the issue of recording our conference was discussed and resolved for purposes of the remainder of the conference; and (3) audiovisual recording of a portion of the deposition of Johan Pouwelse. With respect to each I intend to use them for teaching the lessons to be learned from the litigation of the case ofRlAA v. Tenenbaum, both at Harvard Law School and on the Internet in the Court of Public Opinion. I have now a virtual classroom in that rhetorical court putting on the table the question whether this RIAA law is crazy or whether the verdict and punishment of Joel was a failure of defense.' The email 2 list of cyberprofs led by Howard Knopf critiques my defense and asks for teachable moments. I have posed the question back, "On what issue might I have prevailed had I offered what you imagine to be a good defense?" I am intending this to mature into the first of many teachable moments, but that still remains. Both Joel's deposition and the portion of the conference call with you are posted to the net and will remain so; the audiovisual deposition of Johan Pouwelse has not been posted to the open net and will not be, at least for a reasonable time allowing Mr. Reynolds to litigate his issue. Yours sincerely,
~~
Charles Nesson
Cc: Tim Reynolds
I 2
http://www.nytimes.com/2009/081l1/usIl1download.html
Document 927
Filed 08/18/2009
Page 1 of 1
HARVARD LAW SCHOOL CAMBRIDGE' MASSACHUSETTS'
Charles R. Nesson Weld Professor ofLaw Faculty Co-Director, Berkman Center for Internet and Society
02138 phone: 617-495-835 fax: 617-495-4299 [email protected]
August 13,2009 The Honorable Nancy Gertner United States District Court One Courthouse Way Suite 4130 Boston MA 02210 Dear Judge Gertner, You requested a letter telling you of my intention with respect to three digital recordings I have made, (1) audio recording of Joel Tenenbaum's first deposition; (2) audio recording of a portion of a telephone conference with you, opposing counsel and my students in which the issue of recording our conference was discussed and resolved for purposes of the remainder of the conference; and (3) audiovisual recording of a portion of the deposition of Johan Pouwelse. With respect to each I intend to use them for teaching the lessons to be learned from the litigation of the case ofRlAA v. Tenenbaum, both at Harvard Law School and on the Internet in the Court of Public Opinion. I have now a virtual classroom in that rhetorical court putting on the table the question whether this RIAA law is crazy or whether the verdict and punishment of Joel was a failure of defense.' The email 2 list of cyberprofs led by Howard Knopf critiques my defense and asks for teachable moments. I have posed the question back, "On what issue might I have prevailed had I offered what you imagine to be a good defense?" I am intending this to mature into the first of many teachable moments, but that still remains. Both Joel's deposition and the portion of the conference call with you are posted to the net and will remain so; the audiovisual deposition of Johan Pouwelse has not been posted to the open net and will not be, at least for a reasonable time allowing Mr. Reynolds to litigate his issue. Yours sincerely,
~~
Charles Nesson
Cc: Tim Reynolds
I 2
http://www.nytimes.com/2009/081l1/usIl1download.html
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