ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Copyright Law Blogs -> Recording Industry vs The People

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Copyright Law

: Recording Industry vs The People

RIAA going after students at the State University of Albany, in Arista Records v. Does 1-16. Students retain lawyer and make motion to quash

By Ty Rogers and Ray Beckerman

ADVERTISEMENTS

In a new case, targeting students at the State University of New York's Albany, New York, campus, three "John Doe" students have joined together, hired an attorney, and made a motion to quash the RIAA's subpoena seeking their, and other students', identities, in Arista Records v. Does 1-16.

The defendants' motion argues that:

-the plaintiffs have failed to make a sufficient showing to overcome the defendants' First Amendment right of anonymity;

-the plaintiffs failed to make a showing that the Court would have personal jurisdiction;

-the plaintiffs' case is based on evidence that was illegally procured;

-the rules do not authorize the joinder of the defendants in a single action; and

-the Court should award attorneys fees to defendants.

In his "Preliminary Statement", defendants' counsel wrote:

This litigation campaign has been seriously detrimental to the administration of justice and the public policy need to establish clear boundaries to copyright law. Repeatedly, the RIAA has used questionable and illegal investigations, unsupported and erroneous legal theories, and hardball and abusive litigation tactics against individuals who, it may safely be assumed, do not normally find themselves forced to defend their personal use of computers in federal courts. These individuals have the choices of paying the RIAA?s non-negotiable pre-litigation settlement demand (usually between $3000 and $5000), or defaulting, or defending themselves, either pro se or with counsel, if they can afford it. Few can. The RIAA has sued mostly working-class individuals, students, children, the disabled, the homeless and even the dead. They have frequently sued entirely innocent persons and are quite cavalier about the burden they impose on the legal process and the federal judiciary, and the effects of such frivolous suits on their defendants. Moreover, they are apparently in contempt of a district court?s order forbidding them from bringing actions against unrelated individuals, contrary to the joinder provisions of F.R.Civ.P. 20 and 21. See In re Cases Filed by Recording Companies? ILRWeb (P&F) 3053 (W.D.Tex. Nov. 17, 2004)(?Plaintiffs are ordered to file any future cases of this nature against one defendant at a time, and may not join defendants for their convenience.?). Yet they have done precisely that, hundreds if not thousands of times.

Defendants' Memorandum of Law in Support of Motion to Quash Subpoena

Commentary & discussion:

p2pnet.net

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player

Full post as published by Recording Industry vs The People on September 16, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0164 secs (new cache)