Judge Takes Fair Use Defense Off Table July 27, 2009
At 1:37 this morning Judge Gertner denied Joel Tenenbaum the right to bring up fair use as a defense at his trial, which starts today. The court reasoned that the Defense had shown no facts that would lead to a conclusion that the defendant’s use was fair, other than the fact that it was non-commercial. That, in the eyes of the court, was not enough.
It seems like the only major issue in this trial, then, is damages, not whether or not the defendant infringed, like the Jammie Thomas case.
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