Harvard Law Prof., Students Aid File-Swapper in Countersuit

Authored by Mark Hefflinger on October 29, 2008 - 9:52am.

Boston - A man sued for copyright infringement for allegedly sharing seven songs on the Kazaa file-sharing network is now mounting a countersuit, with the help of a Harvard Law School professor and his cyberlaw students, who are arguing that the Recording Industry Association of America (RIAA) is abusing the legal process.

Joel Tenenbaum faces over $1 million in damages if found guilty -- an amount that Harvard Law professor Charles Nesson argues is unconstitutionally high.

Nesson and his students also argue that the copyright infringement lawsuits filed by the RIAA should be heard in criminal, rather than civil court, and be held to the standards of criminal and not civil law.

"At its core this counterclaim raises a profoundly conceptual question: Is the law just the grind of a statutory machine to be carried out by judge and jury as cogs, or do judge and jury claim the right and duty and power of constitution and conscience to do justice?" said Nesson.

 

Related Links:
http://snipurl.com/4tlhd (Ars Technica)

http://www.p2pnet.net/story/17415

http://snipurl.com/4tlfp (Recording Industry vs. The People)

http://blogs.law.harvard.edu/cyberone/riaa

Comments

What if he obfuscated before DLing...

All this litigation seems sort of silly, as there are tools people are using now (www.torrentfreedom.com, etc.) that are keeping the lawyers at bay. All they are catching now is the few people who are not wise enough to obfuscate their identities.

It's about time someone

It's about time someone countersuits these companies. They are crossing a line here!

I am so glad that someone is

I am so glad that someone is trying to stand up on Constitutional grounds against these people. The purpose of copyright was not to grant money, it was to make sure the artist got his/her recognition for the work. Anyway, copyright was not intended to do what the corporations have done with it. Think about it.

Reply

All they are catching now is the few people who are not wise enough to obfuscate their identities.

I can't imagine how this

I can't imagine how this case was accepted by a judge in the fist place. I guess the RIAA has their right to sue anyone that doesn't comply to their rules. ________ California Lemon Law

The purpose of copyright was

The purpose of copyright was not to grant money, it was to make sure the artist got his/her recognition for the work.

Joel Tenenbaum faces over $1

Joel Tenenbaum faces over $1 million in damages if found guilty -- an amount that Harvard Law professor Charles Nesson argues is unconstitutionally high. Nesson and his students also argue that the copyright infringement lawsuits filed by the RIAA should be heard in criminal, rather than civil court, and be held to the standards of criminal and not civil law. -------- eglen

This far

How did this case even get this far? Are people really not that busy with other things?

Hi, really interesting and

Hi, really interesting and informative article. Keep posting. Nice work, thanks for such information. Custom Dissertation

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