P2P judge smacks down “frivolous” motions from Harvard prof

10 03 2009

Those who oppose the RIAA’s lawsuit campaign against file-sharers may be tempted to see Harvard Law professor Charles Nesson as a white knight who hoists the Lance of Sheer Intellect and Harvard’s Shield of Obscene Endowments, who jousts with music industry lawyers and knocks them, one by one, from their chargers. And he may well do so.

But, in defending Boston University graduate student Joel Tenenbaum and challenging the constitutionality of massive statutory damage awards, Nesson has also managed to infuriate the federal judge overseeing the case. Judge Nancy Gertner last night got so fed up with Nesson that she wrote in a court order, “The Court will not hesitate to impose appropriate sanctions, including potentially substantial costs, should the Defendant waste either the Plaintiffs’ time and money or scarce judicial resources by filing frivolous motions in the future.”

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