Copyright Law

University of Maine School of Law's legal aid clinic brings Rule 11 motion, seeks injunction against all RIAA "John Doe" proceedings

By Ty Rogers and Ray Beckerman

In Arista v. Does 1-27, the case targeting students at the University of Maine, in which two "John Does" are represented by student attorneys from the University of Maine School of Law's Cumberland Legal Aid Clinic, and in which the Magistrate Judge has suggested Rule 11 sanctions against the RIAA lawyers for improper joinder, the Cumberland Legal Aid Clinic has filed a Rule 11 motion based on:

--the RIAA's use of the ex parte "John Doe" procedure to circumvent student privacy right under the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g(b)(2)(B) (commonly referred to under acronym ?FERPA?);
--the RIAA's commencement of the proceedings for improper purposes, such as obtaining discovery, getting publicity, and intimidating people in order to extract settlements; and
--the RIAA's continuation of its illegal joinder practices in the "John Doe" cases.

The motion seeks:

--an injunction against the practice of bringing the "John Doe" actions;
--monetary fines; and
--dismissal with prejudice of Arista v. Does 1-27.

Rule 11 motion for sanctions*

* Document published online at Internet Law & Regulation

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Full post as published by Recording Industry vs The People on April 01, 2008 (boomark / email).