The counterclaim filed by Nesson includes similar assertions. Apart from asking for the case against Tenenbaum to be dismissed, the filing seeks damages from the RIAA for what Nesson described as an . He accused the music industry of conducting a campaign of intimidation and of seeking absurdly excessive financial restitution for alleged copyright violations.

The approach that the RIAA has been taking "creates grotesquely excessive punitive use of civil process," Nesson said this week. "The RIAA actually claims that actual damage is irrelevant, which we claim is unconstitutional."

Cara Duckworth, a spokeswoman for the RIAA, dismissed the claims that the lawsuits filed against Tenenbaum are meant to serve as examples. "This case is no different from all of our other cases," she said. "In fact, Mr. Tenenbaum essentially admitted to illegal activities, and we believe that he should be held accountable under the law."

In an interview before the RIAA's decision to stop filing lawsuits came to light, Duckworth said statistics show that music piracy cost the music industry about $3 billion over the last seven years and also resulted in more than $2 billion in lost wages for American workers. Much of that piracy was tied to , she noted.

"A lot of jobs depend on the legitimate sale of music," Duckworth said. "Regardless of how someone feels about our lawsuits, there are real consequences [as a result of piracy]."