gi7omy Posted November 29, 2008 Report Share Posted November 29, 2008 The music industry's litigation of private citizens who share songs via the Internet is coming under constitutional challenge. This with word that a Harvard Law School professor has launched a constitutional assault against a federal copyright law at the heart of the industry's aggressive tactic which has brought in monetary payments from thousands of music file swappers since 2003. According to news reports law professor Charles Nesson has come to the defense of a Boston University graduate student targeted in one of the music industry's lawsuits. He argues that the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 is unconstitutional because it effectively lets the Recording Industry Association of America which is a private organization to carry out civil enforcement of a criminal law. He also says the music industry group has abused the legal process by threatening the possibility of lengthy and costly lawsuits in an effort to intimidate people into settling cases out of court. Charles Nesson is the founder of Harvard's Berkman Center for Internet and Society. He says that his goal is to stop the courts from allowing themselves to be used as a collection agency for the music industry. By taking on the case, Nesson hopes to challenge the basis for the music industry's suit, and all others like it. His challenge against the music industry was filed in the U.S. District Court in Boston, and is considered by many legal experts one of the most determined attempts to derail the industry's ongoing litigation against those who download and swap music files on-line. Source: ARRL Amateur Radio News Report Quote Link to comment Share on other sites More sharing options...
Syrallas Posted November 30, 2008 Report Share Posted November 30, 2008 The music industry's litigation of private citizens who share songs via the Internet is coming under constitutional challenge. This with word that a Harvard Law School professor has launched a constitutional assault against a federal copyright law at the heart of the industry's aggressive tactic which has brought in monetary payments from thousands of music file swappers since 2003. According to news reports law professor Charles Nesson has come to the defense of a Boston University graduate student targeted in one of the music industry's lawsuits. He argues that the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 is unconstitutional because it effectively lets the Recording Industry Association of America which is a private organization to carry out civil enforcement of a criminal law. He also says the music industry group has abused the legal process by threatening the possibility of lengthy and costly lawsuits in an effort to intimidate people into settling cases out of court. Charles Nesson is the founder of Harvard's Berkman Center for Internet and Society. He says that his goal is to stop the courts from allowing themselves to be used as a collection agency for the music industry. By taking on the case, Nesson hopes to challenge the basis for the music industry's suit, and all others like it. His challenge against the music industry was filed in the U.S. District Court in Boston, and is considered by many legal experts one of the most determined attempts to derail the industry's ongoing litigation against those who download and swap music files on-line. Source: ARRL Amateur Radio News Report Well this will be an interesting story to follow as it progresses through the legal system.... Thanks for the heads-up! Quote Link to comment Share on other sites More sharing options...
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