No cigar.

You guys remember when all those kids were getting sued because of stuff they downloaded from networks like Napster? One of the kids ended up pushing back with the help of a supposedly crack legal team, including Charles Nesson from Harvard Law. After several missteps from the defense, the Massachusetts District Court finally issued an opinion in favor the of Recording Industry Association of America (the RIAA, p/k/a The Dark Side). However, the opinion appears to offer some advice to those file sharers looking forward to their bite at the Apple (ha!). One of those "Good News, Bad News" moments for Tenenbaum, I'm sure.

From Sony BMG Music Entertainment et. al. v. Tenenbaum:

"As it made clear previously, the Court was prepared to consider a more expansive fair use argument than other courts have credited -- perhaps one supported by facts specific to this individual and this unique period of rapid technological change. For example, file sharing for the purposes of sampling music prior to purchase or space-shifting to store purchased music more efficiently might offer a compelling case for fair use. Likewise, a defendant who used the new file-sharing networks in the technological interregnum before digital media could be purchased legally, but who later shifted to paid outlets, might also be able to rely on the defense."

Tenenbaum's defense would have none of that and instead went for the more radical, "Aw, come on. Come on! It's not like he was selling it or anything!" defense.

So, good news for folks in the future (but still within that "unique period"). Bad news for Tenenbaum. Meltdown for Tenenbaum.