Harvard Law professor Charles Nesson in his defense of accused file-swapper Joel Tenenbaum made some assertions “Wholesale copying of music on P2P networks is fair use. Statutory damages can't be applied to P2P users. File-swapping results in no provable harm to rightsholders”. In court filings, Nesson spelled out his defense strategy, which doesn't appear to involve claims that his client "didn't do it." Instead, Nesson argues that it doesn't matter if Tenenbaum copied music; such noncommercial uses are presumptively "fair" and anyone seeking to squeeze file-swappers for statutory damages is entitled to precisely zero dollars.
More info: ARS