More on Nesson v. the RIAA

Alex Beam considers what it means for the RIAA now that Charles Nesson is defending a BU grad student accused of illegal downloading.

"Background: In the past few years, the RIAA has sent out about 30,000 letters to individuals and families, demanding payment for illegal downloads. You really don't want one of these letters in your mailbox, because (1) the RIAA is probably right - someone in your house has been downloading, and (2) it's an offer you can't refuse. Generally, the RIAA wants between $3,000 and $5,000 to go away, along with your assurance that the illegal downloading will stop. "Parents get these letters, and they are thinking, 'Omigod, how can I cover my [expletive],' " says Boston University graduate student Joel Tenenbaum.

Most people pay the money and run. But Tenenbaum and his mother, Judie, a family lawyer for the state of Massachusetts, chose to fight the RIAA in court, representing themselves. This summer, Judge Nancy Gertner - another of Boston's outsized legal personalities - found more than 130 defendants like Tenenbaum clogging her court, practically all of them without lawyers. "There is a huge imbalance in these cases," Gertner said at a status hearing. "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 who don't have lawyers, who don't have access to lawyers, and who don't understand their legal rights."