This is an interesting strategic response to how the recording industry uses current law to end file sharing of copyrighted material. I wouldn't expect an early result, but anything that makes the industry's enforcement more difficult and expensive is good news for consumers.
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How to deter the RIAA from suing file sharers
Is the Digital Theft Deterrence Act constitutional? It is being challenged by the Boston University student Joel Tannenbaum and Harvard law Professor Charles Nesson link here. The case questions how the act allows a private group copyright holders to enforce a criminal statue by way of civil suits. Mr. Nesson's goal in making this argument is to ‘'turn the courts away from allowing themselves to be used like a low-grade collection agency."
[Posted at 11/19/2008 08:32 AM by John Bennett on IP Law 
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Seems to me that we are evolving into a society where a corporation, without due process, can declare you a criminal and punish you without you being able to even defend yourself. The ultimate hypocrisy, if the corporation cheats/steals from you - too bad - that's capitalism.
[Comment at 11/19/2008 11:59 AM by Steve R.]
Well, over at TechDirt I can across this quote from Nesson. Good to see that others have also perceived this process.
"This is an unconstitutional delegation by Congress of executive prosecutorial powers to private hands," says Nesson. "That a private organization is allowed to take a huge chunk of government power and impose its will upon millions of people is, frankly, disconcerting," he said in an interview.
[Comment at 11/21/2008 03:13 PM by Steve R.]
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