Harvard hijinks?

After a jury trial in June that netted an almost $2 million jury award for illegal downloading, the recording industry is back in court. And this time, the antics of the Harvard professor running the defense may be more entertaining than the 30 songs at issue in the case.

Harvard Law Prof. Charles Nesson 0has astounded the copyright bar with his defense strategy, which has included blogging about the case and making a legal argument -- that downloading songs without paying is permitted under copyright law -- that the judge rejected hours before the trial began Monday.

When the trial opened, Nesson didn't disappoint: he asked potential jurors to forgive his sartorial preference for turtlenecks over ties, and, during his opening statement, held up a chunk of plastic-wrapped foam to symbolize compact discs in the era before the internet. Then he sliced open the wrapping and, as jigsaw puzzle pieces fell to the floor, told jurors music was now "bits."

What's at stake, besides a messy courtroom floor? For defendant Joel Tenenbaum, a graduate student, potential damages that could reach $4.5 million dollars if he loses. (Again, for dowloading 30 songs.) For the record industry, a chance to make a point -- that it doesn't pay to steal music -- but at a potential PR cost of drawing hostility for what might seem like a David v. Goliath dispute.

The best source for play-by-play coverage of the Tannenbaum trial has to be here.