[LAW-LIB:57081] LAW: CASES : INTERNET: FILE SHARING: RIAA Defendant Enlists Harvard Law Prof, Students

From: David P. Dillard (jwne@temple.edu)
Date: Wed Oct 29 2008 - 14:36:51 PDT

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    LAW: CASES :
    INTERNET: FILE SHARING:
    RIAA Defendant Enlists Harvard Law Prof, Students

    RIAA Defendant Enlists Harvard Law Prof, Students
    By Nate Anderson
    Published: October 29, 2008 - 11:43AM CT
    Ars Technica
    <http://arstechnica.com/news.ars/post/
    20081029-riaa-defendant-enlists-harvard-law-prof-students.html>

    A shorter URL for the above link:

    <http://tinyurl.com/6ooo4b>

    Joel Tenenbaum, accused in August 2007 of swapping seven songs on KaZaA,
    is mounting an unusual defense. First representing himself, Tenenbaum has
    now attracted the help of a Harvard Law professor and a class of cyberlaw
    students, and he is intent on taking the case to a trial. In a
    counterclaim against the recording industry, Tenenbaum's legal team argues
    that the entire RIAA "onslaught" is unconstitutional and that federal
    judges should impose serious limits on the group's legal campaign.

    Professor Charles Nesson of Harvard Law (a founder of the prestigious
    Berkman Center for Internet & Society) has agreed to help Tenenbaum, and
    he has enlisted the help of students in his Fall 2008 course, "CyberOne:
    Law in the Court of Public Opinion." The group wants to do more than help
    Tenenbaum out of a tough spot; they want to challenge the underpinnings of
    the entire lawsuit campaign against the "born-digital generation."

    And if sensationalist language could win court cases, this one would be
    over. Nesson and his students defended their claims this week in a court
    filing in which they argued that the RIAA's lawsuits had "the ulterior
    purposes of creating an urban legend so frightening to children using
    computers, and so frightening to parents and teachers of students using
    computers, that they will somehow reverse the tide of the digital future."

    ------------------------------------

    The complete article may be read at the URL above.

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    David Dillard
    Temple University
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