The Digital Media Lawyer Blog: “Participants in the P2P world have long hoped that courts would recognize that at least some forms of file sharing constitute fair use. In a recent opinion in the Tenenbaum file-sharing case, Judge Gernter of the District of Massachusetts enumerated several unauthorized uses of copyrighted music thinks might constitute a fair use — including file-sharing under certain limited circumstances. While Judge Gertner’s opinions have limited precedential value, they may point to some pathways to legitimacy for the oft-maligned P2P industry.”
The case is Sony BMG Music Entertainment v. Tenenbaum, D. Mass., Memorandum and Order (Dec. 7, 2009).