Lawyer and Harvard Professor Combine Forces To File Class Action Lawsuit Against The RIAA
There are currently two high profile RIAA lawsuits taking place. One of them involves a Harvard professor and the other involves Jammie Thomas-Rasset. Now the lawyers in both cases are forming a partnership to file a class-action lawsuit against the RIAA to get back the $100 million that they claim the recording industry stole.
Kiwi Camara represents Jammie Thomas-Rasset in a lawsuit that the RIAA filed against her. There is a retrial taking place in Minnesota next week. Harvard Law professor Charles Nesson is representing Boston student Joel Tenenbaum in an RIAA trial as well. Kiwi and Charles are the ones getting together to file the $100 million class action lawsuit against the RIAA.
Camara did an interview with Ars Technica earlier this week and revealed two pieces of evidence that will help his case. MediaSentry was hired by the RIAA to track down the IP address of those who share files. Camara is arguing that MediaSentry is not licensed as a private investigator in Minnesota. This makes them running an illegal “pen register” and their evidence should be barred.
Another approach that Camara is considering is making the RIAA prove that they own the copyrights in question. If the RIAA or MediaSentry cannot prove any of the above scenarios, then the cases will fall apart for them. Camara’s approach is quite unorthodox.
Camara said that the RIAA basically committed a “technical screw-up” when it came to claiming the proper copyright ownership. The RIAA lawyers provided courts with “true and correct” copies of the evidence, but they were not “certified copies” required by federal rules of evidence.
The RIAA asked the judge to take judicial notice for these claims, but the judge refused. The recording industry will now have a limited amount of time to file for the certified copies. Camara already has rebuttals in mind just in case the RIAA is able to get all of the certified copies necessary for the case.
More news on the trial as it develops. Kudos to Ars Technica for their thorough coverage of this case.
[via Ars Technica]This article was written by Amit Chowdhry. You can follow me at @amitchowdhry or on Google+ at +AmitChowdhry