It seems the RIAA are so desperate for some kind of proof to back their extortion threats that they are seeking information on whether a student burned a few CD-r's notwithstanding the fact that doing so for your own use is not illegal.http://www.zeropaid.com/news/9856/Harvard+Law+Prof+Calls+RIAA%27s+CD-R+Inquiry+%27Immense+Triviality%27
A few weeks ago I mentioned how an accused file-sharers is going on the offensive against the RIAA by noting that Harvard Law professor Charles Nesson filed an amended counterclaim on behalf of defendant Joel Tenenbaum in Sony BMG Music v. Tenenbaum. The counterclaim fires back against for abuse of process across state and federal jurisdictions.
Nesson is challenging both the constitutionality of the Digital Theft Deterrence and Copyright Damages Improvement Act of 1999 and the music labels' use of it against Tenenbaum. He notes that the act is essentially a criminal statute and that therefore defendants are required to have the same protections afforded other criminal statues like legal representation, trial by jury, and due process.
Specifically, he argues that the RIAA is abusing the law "to advance ulterior motives" and that it is simply trying to intimidate individuals rather than seek redress for perceived economic losses.
Now Nesson is illustrating just how inept, backward and idiotic the RIAA is by publishing a string of e-mail correspondence between he and Timothy M Reynolds , who's representing the record industry in court.
The RIAA lawyer who is one of those who help bully folks without legal representation into paying financial penalties or face a more costly case to defend themselves seems to be so clueless its beyond belief, does he really think he is going to win the case or is his job merely to incurr more financial costs for the defence team to please those paying his salary, one things for sure this chap is in my opinion a prize chump.