Charles Nesson, in his defense of accused file-swapper Joel Tenenbaum, spelled out his defense strategy, which doesn't appear to involve claims that his client "didn't do it." Instead, Nesson argues that it doesn't matter if Tenenbaum copied music; such noncommercial uses are presumptively "fair" and anyone seeking to squeeze file-swappers for statutory damages is entitled to precisely zero dollars. He wrote,
"It would be a bizarre statute indeed that offered two completely unrelated remedies, one which granted actual damages and lost profits, and the other of which granted plaintiffs the right to drive a flock of sheep across federal property on the third day of each month."
Ars Technica, Harvard prof tells judge that P2P filesharing is "fair use".