Copyright Law

Hearing in Rhode Island this morning in Tenenbaum case, relating to production of defendant's parents' computer

By Ty Rogers and Ray Beckerman

We received this report this morning:

FOR IMMEDIATE RELEASE CONTACT: Debbie Rosenbaum | 314.761.3322
December 15, 2008 drosenbaum@law.harvard.edu

HARVARD PROFESSOR & STUDENTS FIGHT THE RIAA:
COME TO RHODE ISLAND FEDERAL COURT
TO PROTECT DEFENDANT?S FAMILY

Now it?s his parents. Who?s next?

Cambridge, MA (December 2008) ? At a Dec. 15 hearing in Rhode Island federal court, Harvard Law School Professor Charles Nesson and his team of students will defend Rhode Island residents Arthur and Judie Tenenbaum from the full might of the U.S. recording industry?s combined lobbying and litigating power. The Tenenbaums face legal pressure from the industry's lawsuit against their son, Joel, a graduate student at Boston University accused of sharing music files online.

Nesson and his team allege that the Recording Industry Association of America and a coalition of record companies are abusing the federal court system with their litigation tactics, which 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 the Kazaa file-sharing network.

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 Arthur and Judie 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.?

The hearing is scheduled for December 15 at 10:00 AM at the Federal Building and Courthouse, One Exchange Terrace, Providence, RI 02903 in Courtroom A, before Magistrate Judge Lincoln D. Almond. Interviews will be available with Charles Nesson and his students immediately following the hearing.

For more information, please visit: http://blogs.law.harvard.edu/cyberone/riaa/.

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CyberOne is 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.

Commentary & discussion:

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Full post as published by Recording Industry vs The People on December 15, 2008 (boomark / email).