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p2pnet news view | RIAA:- Harvard law professor Chales Nesson admits “I got my ass kicked” in the Joel Tenenbaum vs the RIAA trial.

Like Jammie Thomas-Rassett, Tenenbaum was ordered to pay for allegedly 30 downloading copyrighted songs.

His bill? $675,000.

But Jammie was hit for a mind-boggling $1.92 million for 24  songs.

Now, to Nesson, the “final judgment” was “both disappointing and absurdly excessive,” says the Harvard Law Review, going on:

“Addressing a room full of HLS students,” Nesson “explained his motivations and methods in the defense of Tenenbaum for the innocuous downloading of thirty mp3’s,” telling them, “What Joel did in downloading and sharing songs was what just about every kid in his generation did and which I bet a great many of you did.”

However, “He believes now, in retrospect, that he should have treated the case as a criminal case, pleading the Fifth Amendment and demanding a bill of particulars, and that future defendants should treat such cases like criminal trials,” says the post, adding:

“But despite the rejection of his theory by the trial court, Nesson believes that statutory damages were never intended by Congress to be imposed against individuals.

“Furthermore, he believes that the statutory fair use defense supports Tenenbaum’s case on each of the factors of amount of the work taken, the effect of the market, nature of the work, and nature of the use. Indeed, to Nesson, sharing music has had a net positive effect on the music market by offsetting the harm to large record producers with a huge stimulus to independent music production, and Judge Gertner’s own recognition of the ‘interregnum’ following the advent of Napster makes the policy arguments in the case eminently cognizable to a judge and jury.”

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downloading copyrighted music – Joel Tenenbaum’s $675,000 playlist, August 8, 2009
$1.92 million for 24  songs – Jamie Thomas-Rasset’s $1.92 million playlist, June 19, 2009
Harvard Law Review – Nesson says judge sank his piracy defense in RIAA v. Tenenbaum, December, 2009

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