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[ga] More RIAA shanagans thwarted: Judge Excludes 3 "John Does" From RIAA Subpoena

  • To: Ga <ga@xxxxxxxxxxxxxx>, IPC <info@xxxxxxxxxxxxxxxxxx>, Peter Dengate Thrush <barrister@xxxxxxxxxxxxxxx>, "twomey@xxxxxxxxx" <twomey@xxxxxxxxx>
  • Subject: [ga] More RIAA shanagans thwarted: Judge Excludes 3 "John Does" From RIAA Subpoena
  • From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
  • Date: Tue, 25 Nov 2008 05:13:57 -0800

All,

  Seems that the RIAA isn't yet our of digusting tactics.  But
the judiciary is getting more and more wise to them...

  On a personal note:  I am very disappointed and shamed that
a noted university named after my country, American University,
has been shilling for the RIAA in such a disreputable manner... >:(

See:
 http://recordingindustryvspeople.blogspot.com/ NewYorkCountryLawyer
writes "In one of the RIAA's 'John Doe' cases targeting Boston
University students, after the University wrote to the Court saying 
that it could not identify three of the John Does 'to a reasonable 
degree of technical certainty,' Judge Nancy Gertner deemed the 
University's letter a 'motion to quash,' and
http://recordingindustryvspeople.blogspot.com/2008/11/judge-quashes-boston-university.html
granted it, quashing the subpoena as to those defendants. In the
http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/arista_does1-21_081124OrderQuashSubpoena.pdf
very brief docket entry (PDF) containing her decision, she noted that
'compliance with the subpoena as to the IP addresses represented by
these Defendants would expose innocent parties to intrusive discovery.'
There is an important lesson to be learned from this ruling: if the 
IT departments of the colleges and universities targeted by the RIAA 
would be honest, and explain to the Courts the problems with the 
identification and other technical issues, there is a good chance the 
subpoenas will be vacated. Certainly, there is now a judicial
precedent for that principle.  http://www.p2pnet.net/story/17680 One
commentator asks whether this holding 'represents the death knell to 
some, if not all, of the RIAA's efforts to use American university 
staff as copyright cops.'"

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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