Harvard Law Professor Counter-sues RIAA

Harvard law professor, Charles R. Nesson, filed a counter suit last Friday against the Recording Industry Association of America (RIAA) challenging the constitutionality of the RIAA’s efforts against those caught downloading music from file-sharing services. Charles Nessos will be defending Joel Tenenbaum, a Boston University graduate student charged in 2005 with downloading seven songs from a file-sharing network. Nesson claims that the RIAA's tactics are “an unconstitutional delegation by Congress of executive prosecutorial powers to private hands”. Though the RIAA did not comment on this specific case, they did say the make “every effort possible to be fair and reasonable”. For more information check out this article from the Harvard Crimson.

Jay Bentley (Bad Religion) expresses his view of file sharing

Jay Bentley of Bad Religion recently expressed his views on file sharing in an interview with thepunksite.com.

"How many catalogue records are you going to have to buy before you get fucking fed up? I had vinyl, I had CD, I had mini-disc, I had DATs, I had all this shit. They make me buy all this stuff and I’m paying three hundred and fifty dollars every time a new player comes out because now I can’t my music on anything but this. So that’s to blame as well. Eventually people just got tired of getting the shaft from all of these people and in the end the only one that really suffers is the artist. That’s a shame.

It’s a standoff of do you want to support the label and the band that you like? Even I’m starting to wonder if there’s a way where people will feel like they’re strictly supporting the artist. Even if it was something like having a little button on a MySpace page that says “if you like us, push the button and give us a dollar so that we can get gas to go to the next city because we want to go on tour.” There has to be some sort of incentive for people to A) want the band to come to them but also for the band to want to go out. When gas hit four dollars a gallon down in the States, in the newspaper it was actually a front page article about how indie bands can no longer tour because gas is too expensive. That’s pretty fucked.

So it’s not the bands’ fault, and it’s not even the fans’ fault. The fans are doing what’s expected because they should be doing what they want. The bands should be doing what they want but there should be a way for them to get together and say “we, as fans, like your band. We want to support your work."

Peer to Peer programs cause leaky computers

It appears that file-sharing programs such as Limewire are not that safe. Many of these programs allow people to access information on your computer other than what you allow them to access. Many files, including records on social security numbers, have been leaked onto the internet through the use of these programs. Check out the Washington Post's article about this.

Stealing Books Lowers Student Loans

College students have been illegally downloading textbooks which have been scanned and put on torrent sites and the publishers are starting to fight back. An interesting article on this can be viewed here.

RIAA says evidence is not need for infringment cases

The Recording Industry Association of America (RIAA) urged a federal judge on Monday to leave intact the $222,000 verdict against Jammie Thomas in the first file-sharing suit to go to trial. The RIAA argues that evidence of actual distribution (people downloading the files from a shared folder) is not needed, only evidence that the files were available (the files were available in the shared folder to be downloaded) is needed. This brings out an interesting point, the court has said that it is legal to download copies of copyrighted material, and the question remains whether it is illegal to merely upload copyrighted material or to upload it and have evidence of some one downloading it from you. So if you are going to file-share, not making your files available in your shared folder may keep the RIAA off your back. A public hearing is set for August 4. Read more about it at Wired.