tag:blogger.com,1999:blog-15479871.post2253686215702854210..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: Defendant files additional memorandum of law in Tenenbaumraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger4125tag:blogger.com,1999:blog-15479871.post-58215029306387794592009-06-10T12:37:55.088-04:002009-06-10T12:37:55.088-04:00According to Plaintiffs, a person who engages in f...<b>According to Plaintiffs, a person who engages in file-sharing does so with the expectation of receiving copyrighted works in return and, thus, does so for financial gain. But it is undisputed that a user of KaZaA can download songs without sharing any songs in return. This is what MediaSentry claims it did. It is undisputed, too, that there is no deal between the users of KaZaA requiring reciprocal sharing.</b><br /><br />This man returns for a second comment on this particular piece of the filing. It is especially good to point out how MediaSentry's own leeching actions demonstrably shoot down a major premise of the RIAA's non-commercial argument.<br /><br />Files are shared for no money, and no expectation that a barter of other files in return is required or expected. That should be a blow to the RIAA's false logic as much as their equally false contention that every download is a lost sale.<br /><br />{The Common Man Speaking}Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-79132137540504830822009-06-09T17:46:11.973-04:002009-06-09T17:46:11.973-04:00This man finds this memorandum of law very poorly ...This man finds this memorandum of law very poorly written in terms of readability, grammar, questionable use of adjectives, occasional informal begging manner, and missing words. Somebody needs a good editor or proofreader.<br /><br />OTOH, he also found some gems sprinkled through it, and some points argued regarding noncommercial copyright infringement and the burden that should be required of the Plaintiffs in order to make their case that he hasn't recalled seeing before.<br /><br />Verdict: good points poorly communicated.<br /><br />{The Common Man Speaking}Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-14584116144555617262009-06-09T13:34:10.027-04:002009-06-09T13:34:10.027-04:00Formulaic proscriptions for brief writing would be...Formulaic proscriptions for brief writing would be a recipe for mediocrity, so I would never recommend that.<br /><br />I recommend reading excellent briefs, and then forming your own style. And always to be thinking, and to be thinking about how to make the Judge's load lighter.<br /><br />I advise all law students to work in law firms during their law school years, so that they will get the opportunity to read and compare different briefs and writing styles.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-23698645943545669642009-06-09T12:07:24.682-04:002009-06-09T12:07:24.682-04:00The students who are involved in this case really ...The students who are involved in this case really need to see some examples of well-reasoned, well-structured legal writing. Briefing in the real world isn't necessarily like a legal research class, where all writers follow the IRAC structure. But I really have trouble following their writing.<br /><br />Mr. Beckerman, on a future "practice tip" post, would you consider highlighting some resources and examples for legal writing? You've posted numerous briefs that are not only present solid arguments, but are also well written. Given the esoteric nature of various copyright issues, I would think that giving the court a professional, non-conclusory and easy to read brief should be a top priority.Interestednoreply@blogger.com