Harvard professor offers new challenge to RIAA antipiracy campaign
**Nesson claims Digital Theft Act, on which RIAA lawsuits are based, is unconstitutional**
October 30, 2008 (Computerworld) A Harvard law professor has opened a new front in the battle between the Recording Industry Association of America (RIAA) and alleged music pirates by challenging the constitutionality of a statute being used by the industry group to bring lawsuits against alleged copyright violators.
The case involves an individual named Joel Tenenbaum, who was sued by the RIAA for allegedly illegally copying and distributing copyrighted songs belonging to several music labels. The lawsuit was filed in U.S. District Court in Boston in August 2007 after what the music labels claimed was more than two years of effort trying to get Tenenbaum to accept a settlement involving an undisclosed amount.
The music labels claimed to have discovered more than 800 copyrighted songs stored on a shared folder in Tenenbaum’s computer, though only seven of those songs are specified in the case.
Harvard Law School professor Charles Nesson this week filed a counterclaim on behalf of Tenenbaum, challenging both the constitutionality of the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 and the music labels’ use of it against Tenenbaum. The claim is notable because it is broader than previous challenges related to the constitutionality of the RIAA’s antipiracy campaign.