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Ray Beckerman, with Vandenberg & Feliu LLP, represents a number of defendants on the wrong end of lawsuits from the RIAA. He told us that: 'Based on my information [music industry executives] condoned the use of peer-to-peer file sharing as a device to avoid having to use demo CDs, and perhaps for other purposes as well.'

He told p2p.net that he had information on the practice from numerous sources. If proven true, it could have serious implications for the cases involved.

'This would support many affirmative defences such as waiver, estoppel, fair use, authorization, laches,' Beckerman told us.

We had not had response to requests for comment from the music industry at the time of writing.

Beckerman is trying to establish how commonplace this practice is and those with any information can email him.