CNet reports that a hearing regarding the RIAA initiated copyright infringement suit in Rhode Island federal court against Joel Tenenbaum has been postponed until January 6. As reported here and elsewhere, Harvard professor Charles Nesson and Law School students have intervened in Massachusetts Federal Court to get the copyright law under which the RIAA brings suit declared unconstitutional.
U.S. District Judge Nancy Gertner's courtroom in Boston is where most of the action has been taking place; the Rhode Island proceedings are a sideshow to the main event.
One hint at her possible receptivity to the Harvard students' argument can be found in her remarks at a hearing earlier this year: "There is a huge imbalance in these cases. The record companies are represented by large law firms with substantial resources. The law is also overwhelmingly on their side. They bring cases against individuals, individuals who don't have lawyers and who don't understand their legal rights...the formalities of this are basically bankrupting people...At a certain point after 133 cases in my court and countless around the country, the plaintiffs are going to realize this is making no sense and making them look bad."
One hint at her possible receptivity to the Harvard students' argument can be found in her remarks at a hearing earlier this year: "There is a huge imbalance in these cases. The record companies are represented by large law firms with substantial resources. The law is also overwhelmingly on their side. They bring cases against individuals, individuals who don't have lawyers and who don't understand their legal rights...the formalities of this are basically bankrupting people...At a certain point after 133 cases in my court and countless around the country, the plaintiffs are going to realize this is making no sense and making them look bad."
