well the avg student at w&m probably has the income to buy the music instead of steeling it. give them the names and mommy and daddy will bail them out like they probably have done all their life.

There's no way to answer that question without knowing all the details of the case. The court system is based on having absolutely all the facts on the the table in order to come to a correct decision. Suppression of facts should not be allowed. On the other hand, a subpoenas should not be a fishing tool to create cases where none currently exists.

I did find the "every does it" defense pretty laughable. I can hear the old "if everyone jumped off a bridge would you" parental cliche. Really the only defense is you have to prove copyrights are an invalid concept and people should not have the right to benefit from their own creative work.