POST-TRIAL UPDATE FROM THE STUDENTS: "Today’s hearing was just rescheduled for Jan 6 due to pro hac vice issues. So basically, the hearing was rescheduled because Professor Charles Nesson is not admitted to argue in a RI court, further underscoring the injustice caused by the powerful Goliath infrastructure behind the RIAA against the small David defendants."
"Also, the Judge denied a motion they made to prohibit any activity on Joel’s parent's computer until Jan 6. After all, they haven’t done anything on their personal computer to date. Every minor victory counts!" Follow the trial on Twitter @ Joel Fights Back.
Previously: Harvard Law School Professor Charles Nesson and his students will travel to federal court in Rhode Island today to help defend Arthur and Judie Tenenbaum who face an RIAA lawsuit against their son, Joel, a graduate student at Boston University accused of sharing music files online.
Nesson will argue that the RIAA and a coalition of record companies are abusing the federal court system with their litigation tactics, which in this case attempt to make an example out of Joel and his family in the name of “deterrence.” Joel faces possible damages of more than $1 million for allegedly sharing seven songs on Kazaa.
The Dec. 15 hearing will address the recording industry's motion to force Arthur and Judie...
to produce their home computer so that it can be inspected for evidence of copyright infringement. The computer is not the device on which the alleged downloading took place, and the parent's did not own the computer when Joel lived with them.
“The basic rules of evidence suggest that this invasion of privacy is both unnecessary and absurd,” said Matt Sanchez, one of Nesson’s students working on the case. “This hearing isn’t only about Joel’s parents. It’s also about finally putting up a fight against the recording industry’s intimidation practices.”
Supporting Professor Nesson are his students in CyberOne, a course that teaches Harvard Law School students "to use the tools of cyberspace to improve society, guide development of the law, and connect in creativity and peace". Professor Charles Nesson is the William F. Weld Professor of Law at Harvard Law School and Founder of the Berkman Center for Internet & Society.
