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UPDATED: Harvard Law Rides To Rescue Of Parents Whose Son Shared 7 Songs On Kazaa

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.

LegalPreviously: 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. 

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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.

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5 Comments

  1. “an 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.”
    Well that’s taxpayer money well spent. Someone needs to remind these NAZI RIAA maniacs: using the same words that DEATH PENALTY PROPONENTS use to make THEIR case is bad for public relations.
    They will succeed only in deterring people from being interested in music at all.
    The RIAA worships death.

  2. Not as guilty as the majors. Lastride, do you work for one? Your attitude sums it all up…Music and fans be damned SUE, SUE, SUE! Scorched Earth.
    How long do you think it will take for “the attack the consumer” strategy to boost sales?

  3. Lastride…You got it genius…He IS guilty. You win lifetime subscription to the old busted CD box set back catalog that kids don’t care about.
    But you did not answer my question. Do you think that suing music fans is a sustainable model?….Where does it lead us? What happens after the court case?
    I have had untold financial losses from people stealing my songs. But if Columbia Records had reached out to the Shawn Fannings in 1999/2000 then there would be equitable partnerships today. They didn’t, they ignored and sued, raised a generation of kids who hate and target them…and now we play this game.
    Instead of building constructive means to sell music to a new generation who want it, Fossils at the Majors sue and knock down one young gofer at at time. And sales are WAY, WAY DOWN! Kids are just gonna keep upping the stakes and out smarting the labels.
    I revealed my stake in this…what’s yours?
    brendan b brown
    Singer Songwriter,
    wheatus

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