Target of RIAA lawsuit: music piracy case an ordeal

20.12.2008

The RIAA's lawsuit against Tenenbaum has certainly had consequences for the college student. In September, Tenenbaum was deposed for what he said was nine hours by RIAA lawyers in Boston. He said that during the deposition, he was barraged with questions about every computer he had owned or used, the names of songs he had downloaded and the peer-to-peer software he used. The lawyers even asked him about certain modifications he made to his car in high school because of photos they found on his computer, he said.

The computer at the center of the case has long since been trashed as a result of what Tenenbaum claimed was a burned-out CPU. But, he said, the RIAA has asked for a complete copy of the hard disk in his current computer as well as the ones used by his parents and his sister, who lives in Pittsburgh. He described that request as "a disturbing invasion of privacy."

Tenenbaum's parents and sister have also been deposed in the case, as has a friend in Minnesota who called the RIAA hotline on behalf of Tenenbaum's mother after the pre-litigation notice was sent. "She happened to know copyright law and at some point said something about copyright infringement," Tenenbaum said. "She's a college kid. We had to file an affidavit to get them to stop calling her my lawyer."

As a result of the the RIAA's various depositions, Nesson has had to find local attorneys in three states in order to mount a defense against the piracy claims, Tenenbaum said. He added that Nesson's offer to defend him earlier this year has been a huge deal for him and his family. Prior to that, much of the legal work was being done by Tenenbaum's mother, who is a practicing lawyer but has little knowledge of copyright infringement laws.

Tenenbaum said Nesson's presence also means that he himself no longer has to face the RIAA's battery of lawyers. "They are very pushy, very unpleasant people to deal with," Tenenbaum said, adding that any attempt to push back at the lawyers was immediately portrayed as a lack of cooperation and met with threats that they would inform the judge. "Everything you said, they twisted," he claimed.