Harvard prof tells judge that P2P filesharing is "fair use"

Wholesale copying of music on P2P networks is fair use. Statutory damages can’t be applied to P2P users. File-swapping results in no provable harm to rightsholders.

Link: http://arstechnica.com/tech-policy/news/2009/05/harvard-prof-tells-judge-that-p2p-filesharing-is-fair-use.ars


The fact that he’s the defendant means he only has to show reasonable doubt, whereas if the plaintiffs are held to their full burden of proof, they must convince the jury so NO doubt remains he’s guilty. That being said, I can’t imagine Nessen’s strategy winning per se.