A federal judge in Rhode Island has postponed a hearing in a case that might test the legal underpinnings of the Recording Industry Association of America’s lawsuits against file swapping, CNET reports. U.S. Magistrate Judge Lincoln Almond on Dec. 15 rescheduled the hearing until January 6. Its purpose is to determine whether the parents of the defendant, Joel Tenenbaum, will be forced to turn over their computer to the RIAA’s lawyers. This case is unusual because a group of Harvard law school students, with the help of Harvard law professor Charles Nesson, is providing Tenenbaum with an aggressive legal defense. Their goal: to argue that the law the RIAA relies on is unconstitutional. Few judges are eager to strike down laws duly enacted by Congress, and there’s no evidence that the judges in this case are an exception to that rule. Still, the Harvard team is arguing that a 1999 copyright law is so Draconian it amounts to "essentially a criminal statute;" that it grants too much authority to copyright holders; and that it violates due process rights guaranteed by the U.S. Constitution…

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