Showing posts with label unconstitutional. Show all posts
Showing posts with label unconstitutional. Show all posts

Wednesday, November 19, 2008

Billion Dollar Charlie vs. the RIAA, Boston Globe, 11/18/08

Via Boston Globe: Billion Dollar Charlie vs. the RIAA:

"[Charles] Nesson and his [Harvard Law School] students have decided to "litigate in the court of public opinion," as well as in the courtroom, and they are putting on quite a show. Legally, they are arguing that the RIAA is using civil litigation to punish alleged criminal activity, which they say violates the Constitution. Moreover, Nesson et al have posted all manner of fascinating materials at the CyberOne website of Harvard's Berkman Center for Internet and Society."

http://www.boston.com/lifestyle/articles/2008/11/18/billion_dollar_charlie_vs_the_riaa/

Monday, November 17, 2008

Law professor fires back at song-swapping lawsuits, Yahoo.com, 11/17/08

Via Yahoo.com: Law professor fires back at song-swapping lawsuits:

"A Harvard Law School professor has launched a constitutional assault against a federal copyright law at the heart of the industry's aggressive strategy, which has wrung payments from thousands of song-swappers since 2003.

The professor, Charles Nesson, has come to the defense of a Boston University graduate student targeted in one of the music industry's lawsuits. By taking on the case, Nesson hopes to challenge the basis for the suit, and all others like it.

Nesson argues that the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 is unconstitutional because it effectively lets a private group — the Recording Industry Association of America, or RIAA — carry out civil enforcement of a criminal law. He also says the music industry group abused the legal process by brandishing the prospects of lengthy and costly lawsuits in an effort to intimidate people into settling cases out of court."

http://tech.yahoo.com/news/ap/20081117/ap_on_hi_te/tec_music_downloading