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Nesson, who co-founded the Berkman Center for Internet and Society in 1996, is expected to defend his client by challenging the constitutionality of the damages Tenenbaum faces. Nesson has argued that the RIAA and the plaintiffs—which include Sony and Warner Brothers—are "seeking to punish him beyond any rational measure of the damage he allegedly caused," and such a punishment would violate the 5th and 8th Amendments...
Tenenbaum was initially accused of illegally sharing seven songs, a tally later increased to 30 songs. The RIAA estimates that illegal music-sharing worldwide costs $12.5 billion each year and causes 71,000 job losses in the United States...
...years ago, when the RIAA asked Harvard to join other universities in a cooperative effort to track down file-sharers using on-campus networks, Nesson received attention for co-signing a letter with a Berkman colleague decrying the perceived attempt at encroachment on internet usage and publicly telling the RIAA to “take a hike.” Even earlier, in the fall of 2003, when the RIAA announced that they would start suing hundreds of individual file-sharers for their activities, Nesson began thinking about representing a Harvard student, but was unable to find one affected...
...it’s a classic David and Goliath narrative, this one kid fighting against these gigantic corporations and being crushed,” says Sheffner. “But the reality is it’s a lot more complicated.” In September, 2003, the RIAA announced that it would begin the first wave of what eventually became an (occasionally unsightly) onslaught of some 35,000 lawsuits against users caught illegally sharing files—a number that included, the Wall Street Journal later reported, “several single mothers, a dead person...
...little respect for the victims—artists and workers alike—of the economic havoc it might create. “Mr. Tenenbaum’s counsel may be using this case to further a crusade to gut the copyright laws that protect creators,” RIAA spokesperson Cara Duckworth wrote to me in a recent e-mail. “[But] for a music community severely harmed by illegal music-downloading, including thousands of working class folks out of jobs, this is no academic exercise...