The RIAA versus Harvard Law - Your Thoughts?
Monday November 17, 2008
A Harvard Law professor has decided to take on the ever powerful RIAA on behalf of Boston University grad student Joel Tenenbaum, who was targeted by the RIAA for downloading seven songs back in 2005. Professor Charles R. Nesson's filing charges that the RIAA lawsuits are unconstitutional, because they signify the RIAA overstepping its bounds and claiming prosecutorial power that a private organization should not hold. In other words, RIAA, you're not the police. Nesson is also the founder of Harvard's Berkman Center for Internet and Society.
Cara Duckworth of the RIAA said of the case:
"Generally, the music community has had to endure thousands of layoffs and billions of dollars in losses in just a few short years, primarily due to the exact kind of activity in which we found the defendant actively engaging."And there in we have our problem. Billions in loses and thousands of layoffs because of downloading, according to the RIAA. If the music industry is going to survive, we're going to have to do a little bit better than blaming our problems on kids who share songs. Incidentally, the RIAA is allowed to collect $150,000 per song downloaded. Are you laughing or crying right now?
That's what I think anyway. What about you?
Well I can certainly understand why the RIAA is so upset- the music business is in serious trouble.
But it does seem like the Digital Theft Deterrence Act is unconstitutional. Imagine a law which allowed Wal-Mart to sue an individual who stole a $1 candy bar for $150,000. Granted, the illegal downloading situation is endemic, whereas candy bar theft is not, nonetheless the act is certainly worth looking at from a constitutional perspective.
Cheers,
Joel
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