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).

Digital Media Lawyer Blog:  “Living on the west side of Los Angeles puts me smack in the middle of the entertainment industry.  I have often seen promotional copies of DVDs of TV shows and feature films or music CDs being exchanged at parties, and even seen stacks of these being left out by the side of the street for trash pickup.  Studios and labels don’t want this content distributed to the public because early distribution can foul up marketing campaigns, and because promotional versions of content may be remixed or reedited.  But can the studios and labels prevent recipients from giving away or even reselling these lightly-controlled promotional discs?  A June 2008 case said ‘No.’   The case is UMG Records, Inc. v. Augusto.”