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[ga] Duke Demands Proof of Infringement From RIAA

  • To: Ga <ga@xxxxxxxxxxxxxx>, ICANN Policy staff <policy-staff@xxxxxxxxx>, Kieren McCarthy <kieren.mccarthy@xxxxxxxxx>, IPC <info@xxxxxxxxxxxxxxxxxx>, ALAC <at-large@xxxxxxxxxxxxxxxxxxxxxxx>
  • Subject: [ga] Duke Demands Proof of Infringement From RIAA
  • From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
  • Date: Fri, 14 Nov 2008 23:29:23 -0800

All,

  Well here we go again.  Seems like ICANN's IPC's favorite
member organization has yet again messed up, as it were.  But
this time their being called on to put up or go home.  Seems
that the RIAA bullying is getting it's just deserves.

Thanks to Ray, here's the story..

See:
 http://recordingindustryvspeople.blogspot.com/ NewYorkCountryLawyer
writes "According to a report at p2pnet, Duke University has told the
RIAA that it will
http://media.www.dukechronicle.com/media/storage/paper884/news/2008/11/14/News/P2p-Policy.To.Require.Riaa.Proof-3544424.shtml
no longer forward the RIAA's 'early settlement' letters to its students
unless the RIAA submits ' http://www.p2pnet.net/story/17596 evidence
that someone actually downloaded from that student,' and said that 'if
the RIAA can't prove that actual illegal behavior occurred, then we're
not going to comply.' While it is good news that a university is
requiring the RIAA to put up or shut up, the forwarding ? or not
forwarding ? of letters is pretty insignificant. What I want to know is
this: 'When the RIAA comes knocking with its Star Chamber, ex parte,
'John Doe' litigation to get the students' identities, is the University
going to go to bat for the students and fight the litigation on the
ground that it's based on zero evidence, and on the ground that the
students weren't given prior notice and an opportunity to be heard?'
Over 1,000 infringement notices were sent to Duke students in the 
last year."

Regards,

Spokesman for INEGroup LLA. - (Over 284k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln
"YES WE CAN!"  Barack ( Berry ) Obama

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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