There has been a lot of court cases in the last week or two involving P2P, but there is something to be pondered, “Is a fair trial even possible?” Given the disparity between the sides in these sorts of cases, the resources, and the history, is the result a foregone conclusion before it’s even started?

David and Goliath metaphors are often thrown around, as an example of the little guy fighting back, and nowhere is this more appropriate than in copyright litigation, especially those cases centering around p2p. On one side, you have the defendant, who often has no resources at all, and on the other, the multi-billion dollar entertainment industry. In such cases, the law should win out, but given such a drastic mismatch, is a fair trial even possible?

There are two main areas to look at, one is within a court case, the other is outside the courtroom, and away from specific cases in general. First we’ll look at inside the courtroom, and we’ll look at more general issues in part 2 of this article.

The litigation that takes place in cases such as this, is a far cry from those typified in LA Law or Boston Legal. In those shows, the lawyers are the heroes, and to have the stars of the show using the sort of tactics used in these cases would have viewers reaching for the remotes.

Read the entire article at TorrentFreak.