All-Star Witness List In Lawsuit Over Constitutionality Of RIAA Lawsuits

from the that's-quite-a-witness-list dept

Last month we had mentioned how Harvard Law professor Charles Nesson was taking on the RIAA's strategy of suing music uploaders by claiming that the laws the RIAA was relying on were unconstitutional. That case ("the Tenenbaum case") started moving forward this week, and the Associated Press had a story at the beginning of the week, which about fifty people submitted (with some angrily wondering why we hadn't written about it). We didn't write about it because it was basically the same story we had covered in October.

However, there is some interesting news in the case, as Ray Beckerman has posted the proposed witness list put forth by Tenenbaum's legal team and it is quite the star-studded list. It's becoming quite clear (if it wasn't already) that this is a case where a bunch of different folks in the "copyfighting" realm are converging to confront the RIAA's legal strategy. The list includes:
  • John Perry Barlow (former songwriter for The Grateful Dead, founder of the EFF, and well known digital thinker)
  • Prof. Johan Pouwelse (technical and scientific director of European research project P2P-Next)
  • Prof. Lawrence Lessig (needs no introduction, I imagine, for folks around here)
  • Matthew Oppenheim (who has a somewhat murky relationship with the RIAA, at times representing the RIAA, and at other times insisting he does not represent the RIAA)
  • Prof. Terry Fisher (a director of Harvard's Berkman Center and author of Promises to Keep, an early book looking at how the internet was changing the entertainment industry, and how it's business models need to change)
  • Prof. Wendy Seltzer (well known copyfighter, law professor, former staff attorney at the EFF and founder of the Chilling Effects site)
  • Prof. John Palfrey (Harvard law professor, co-director of the Berkman Center, author of Born Digital)
  • Prof. Jonathan Zittrain (Harvard and Oxford law professor, co-director of the Berkman Center, author of The Future of the Internet)
  • Andrew Grant (former antipiracy specialist at DRM company Macrovision)
That is quite the all-star list. This case is going to be a fun one to watch.


Reader Comments (rss)

(Flattened / Threaded)

  •  
    identicon
    eleete, Nov 20th, 2008 @ 3:45pm

    The Test

    Now it's time to see who speaks louder, logic and reason or moneyed interests and polluticians. May we live in interesting times.

     

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  •  
    identicon
    Anonymous Poster, Nov 20th, 2008 @ 3:51pm

    RIAA, meet your impending doom.

    Impending doom, meet the RIAA.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Nov 20th, 2008 @ 4:04pm

    Smell that?

    Fear.

    Couple in that NO ONE in the DOJ and none of the Judges seem to truly sympathize much with the RIAA cause of their tactics and man I can't WAIT to read the transcripts!

    They're going to get rolled.

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    jimmy, Nov 20th, 2008 @ 4:19pm

    i've been waiting years for this...

    and finally someone/group is going to take it to an industry that cannot change with the times.

    i am pretty excited to see this battle.

    go team Tenenbaum!!! one for the people!

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    teknosapien, Nov 20th, 2008 @ 4:22pm

    Wonder

    I wonder how much of the Stay they requested has to do with the impending administration change

     

    reply to this | link to this | view in chronology ]

  •  
    identicon
    Andrew Sedswick, Nov 20th, 2008 @ 4:26pm

    Libertarian pipe dreams

    Nothing will happen. Same as it ever was.

    Wishful, but fruitless, thinking, Libertarians.

    Back to Bus Law 10

     

    reply to this | link to this | view in chronology ]

    •  
      identicon
      eleete, Nov 20th, 2008 @ 4:31pm

      Re: Libertarian pipe dreams

      We should be so lucky as to see a libertarian movement in this country.

       

      reply to this | link to this | view in chronology ]

      •  
        identicon
        Techhead, Nov 21st, 2008 @ 4:44am

        Re: Re: Libertarian pipe dreams

        If people woke up from the dream that they are in, they would realize that the two leading parties are no better than a legalized version of the mob,(and owned by the corporations) they might be able to see that things will never improve until they are removed from running the federal, state and local governments.
        A Libertarian movement may be just like the doctor ordered.
        Until then, it sadly is a pipe dream. (Sigh)

         

        reply to this | link to this | view in chronology ]

    •  
      identicon
      Anonymous Coward, Nov 21st, 2008 @ 9:02am

      Re: Libertarian pipe dreams

      Oh, it's another brilliant prognosticator. Never anything constructive to say, just that you know what the future holds. If you can see the future so clearly, why haven't you won the lottery? Why didn't you see the credit crisis coming? The housing bubble? The spike in gas and oil prices? In fact, why didn't you comment on this article before it was even written? What's going to be the outcome of this lawsuit? Who's going to win the Super Bowl?

      Stop speculating. It's just wishful, but fruitless, "thinking" on your part.

       

      reply to this | link to this | view in chronology ]

    •  
      identicon
      Anonymous Coward, Nov 22nd, 2008 @ 9:59am

      Re: Libertarian pipe dreams

      You happen to be right, but your post is an answer many do not want to hear.

      Does anyone seriously believe that if by some stroke of luck the defendant prevails that Congress will not immediately step in and close the "loophole"?

      And, if anyone believes that the next administration will view with disfavor such remedial action by Congress, then they have obviously not read for comprehension its technology plan.

       

      reply to this | link to this | view in chronology ]

  •  
    identicon
    Anonymous Coward, Nov 20th, 2008 @ 6:46pm

    For the sake of accuracy, the RIAA is not a party to this lawsuit...the internet rumor mill notwithstanding.

    The litigants in this case are:

    Plaintiffs: SONY BMG MUSIC ENTERTAINMENT, WARNER BROS. RECORDS INC., ATLANTIC RECORDING CORPORATION, ARISTA RECORDS LLC and UMG RECORDINGS, INC.

    Defendant: JOEL TENENBAUM
    ThirdParty Defendant: TOVA TENENBAUM

     

    reply to this | link to this | view in chronology ]

    •  
      identicon
      Matt, Nov 20th, 2008 @ 6:53pm

      Re:

      who do you think initiated the lawsuit for the above companies' interests? RIAA.

       

      reply to this | link to this | view in chronology ]

      •  
        identicon
        Anonymous Coward, Nov 20th, 2008 @ 8:45pm

        Re: Re:

        The RIAA is a trade association. It is not a content producer. This and other lawsuits have been brought by content producers (e.g., Sony, Arista, etc.).

         

        reply to this | link to this | view in chronology ]

    •  
      identicon
      Mike C., Nov 20th, 2008 @ 7:36pm

      Re:

      You might want to read the submission to the court. Specifically, page 6, point #8:

      Defendant intends to file a Motion for Joinder to add RIAA as a counterclaim defendant on November 14, 2008.


      (* The pre-trial memorandum was submitted to the court on November 14, 2008.)

      Looks like the RIAA may finally have a true day in court after all

       

      reply to this | link to this | view in chronology ]

      •  
        identicon
        Anonymous Coward, Nov 20th, 2008 @ 8:49pm

        Re: Re:

        Read it when it was first filed. Defendant's counsel seems intent on pulling a publicity stunt having nothing to do with the merits of the case.

         

        reply to this | link to this | view in chronology ]

  •  
    identicon
    Erv Server, Nov 20th, 2008 @ 7:05pm

    lawsuit

    they need to call up that dude from metallica

     

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  •  
    identicon
    Anonymous Coward, Nov 20th, 2008 @ 10:02pm

    idk why but that makes me want to download and watch The Royal Tenenbaums.

     

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  •  
    identicon
    Anonymous Coward, Nov 21st, 2008 @ 5:52am

    Musicians have very good chance to get away from contracts with big labels and to “own” their music again! Key point could be a public relations mismanagement, seeding fear in most important new customers (students) etc. Other words to say – musicians should be able to fire big labels and their “scary dog riaa” and start new way of doing business using internet.

     

    reply to this | link to this | view in chronology ]


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