Commentary

RIAA Faces Web 2.0

Harvard Law School professor Charles Nesson, who leads the defense team representing alleged file-sharer Joel Tenenbaum, isn't just taking on the record industry in court. He's also tapping into Web 2.0 with the new Facebook group "Joel Fights Back Against RIAA."

Tenenbaum allegedly shared seven songs on Kazaa in 2004, when he was a teenager. Like around 30,000 other people targeted by the record companies, he faces the prospect of being ordered to pay as much as $150,000 per track -- which in his case could amount to more than $1 million -- if found liable after trial.

Many people who have been accused of piracy by the RIAA have chosen to settle, usually paying around $3,000-$5,000, to avoid the prospect of losing at trial. But others, like Tenenbaum, are fighting the charges -- though many defendants either can't find or afford lawyers, much less attorneys with experience in the issues.

A Facebook group, where people can keep informed of the latest legal maneuverings, is one way for both laypeople representing themselves and lawyers to learn more about the issues.

Nesson's not the first person to attempt to harness social media on behalf of defendants. Attorney Ray Beckerman, who authors the blog Recording Industry vs. The People, has long served as a central source of information and tips relating to the RIAA's lawsuits.

That effort can only benefit individual RIAA targets, who can now easily learn how judges around the country view the issues. When a judge in Boston recently quashed a subpoena for the names associated with IP addresses, Beckerman publicized that relatively obscure decision and advised lawyers to call it to other judges' attention.

None of this has been lost on the record industry, which has asked a judge to sanction Beckerman for his "vexatious" conduct in maintaining the blog. While the RIAA hasn't said much about the new Facebook group, the organization can't be pleased to see yet another prominent attorney publicize efforts to defeat it.

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