Music Industry Drops Effort to Sue Song Swappers, Via New York Times, 12/19/08

Via New York Times: Music Industry Drops Effort to Sue Song Swappers:

"''We're at a point where there's a sense of comfort that we can replace one form of deterrent with another form of deterrent,'' said RIAA Chairman and Chief Executive Mitch Bainwol...

The group says it will still continue to litigate outstanding cases, most of which are in the pre-lawsuit warning stage, but some of which are before the courts.

The decision to press on with existing cases drew the ire of Harvard Law professor Charles Nesson, who is defending a Boston University graduate student targeted in one of the music industry's lawsuits.

''If it's a bad idea, it's a bad idea,'' said Nesson. He is challenging the constitutionality of the suits, which, based on the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999, can impose damages of $150,000 per infringement, far in excess of the actual damage caused...

Brian Toder, a lawyer with Chestnut & Cambronne in Minneapolis, who defended single mother Jammie Thomas in a copyright suit filed by the RIAA, said he is also set to retry the case March 9 after a judge threw out a $222,000 decision against her.

''I think it's a good thing that they've ended this campaign of going after people,'' Toder said.

''But they need to change how people spend money on records,'' he said. ''People like to share music. The Internet makes it so easy. They have to do something to change this business model of theirs.''

http://www.nytimes.com/aponline/2008/12/19/technology/AP-Music-Downloading-Lawsuits.html?partner=rss&emc=rss

All-Star Witness List In Lawsuit Over Constitutionality Of RIAA Lawsuits, TechDirt, 11/20/08

Via TechDirt: All-Star Witness List In Lawsuit Over Constitutionality Of RIAA Lawsuits:

"The list includes:

John Perry Barlow (former songwriter for The Grateful Dead, founder of the EFF, and well known digital thinker)
Prof. Johan Pouwelse (technical and scientific director of European research project P2P-Next)
Prof. Lawrence Lessig (needs no introduction, I imagine, for folks around here)
Matthew Oppenheim (who has a somewhat murky relationship with the RIAA, at times representing the RIAA, and at other times insisting he does not represent the RIAA)
Prof. Terry Fisher (a director of Harvard's Berkman Center and author of Promises to Keep, an early book looking at how the internet was changing the entertainment industry, and how it's business models need to change)
Prof. Wendy Seltzer (well known copyfighter, law professor, former staff attorney at the EFF and founder of the Chilling Effects site)
Prof. John Palfrey (Harvard law professor, co-director of the Berkman Center, author of Born Digital)
Prof. Jonathan Zittrain (Harvard and Oxford law professor, co-director of the Berkman Center, author of The Future of the Internet)
Andrew Grant (former antipiracy specialist at DRM company Macrovision)"

http://www.techdirt.com/articles/20081120/1244282904.shtml

Legal Jujitsu in a File-Sharing Copyright Case, New York Times, 11/18/08

Via New York Times: Legal Jujitsu in a File-Sharing Copyright Case:

http://thelede.blogs.nytimes.com/2008/11/18/legal-jujitsu-in-a-file-sharing-copyright-case/?scp=1&sq=copyright&st=cse

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/

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