Law professor fires back at song-swapping lawsuits

Charles Nesson is a Harvard Law professor who is going to be representing a Botson University Graduate Student in his fight about the constitutionality of the RIAA. Nesson argues that the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 is unconstitutional because it effectively lets a private group carry out civil enforcement of a criminal law. Tenenbaum the graduate student accused of this issue tried to settle outside of court for $500 but the music companies are demanding $12,000. The RIAA is using bulling tactics to get Tenenbaum to drop the case. For example that stated that Tenenbaum did not notify the U.S. Attorney General that he wanted to contest the law's constitutional status. Some judges do seem to becoming around in one case in Minnesota a women was ordered to pay $220,000 for pirating 24 songs. Judge Michael J. Davis then called on Congress to change copyright law to prevent excessive awards in similar cases. Davis wrote that he does "not discount the industry's claim that illegal downloading had hurt the recording business, but the award is wholly disproportionate to the industry's losses. 

After taking this class I can truly see the stupidity of the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 and I am very glad someone like Nesson is willing to fight the case so the American people do not have to live with the severity of this law.  It is also refreshing to know that there is a Judge who is asking Congress to change the law. I believe in order for there to be real change we need more people like Lessig working proactively to change these rules.