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Anonymous User Challenges RIAA Subpoena
Arclightfire writes "First there was the setback of a New England judge throwing out an attempt to uncover the names of students at MIT accused of piracy and now CNet is reporting that a 'Jane Doe' is arguing that the subpoena violates her right to due process." There's also a Reuters story.
"The most important issue is that if you are innocent, if the RIAA has screwed up, it is critical that individuals have the ability to challenge the subpoenas before their identifies are compromised," said Fred von Lohmann, an EFF attorney.
.02
Definitly. Problem here is this: She also "participated" in the Kazaa file-swapping community but tried to prevent other people from accessing files on her computer, the documents state. So, while she was using it as a media player (*cough*) she was also "participating" (whatever that means). Just because she "tried to block it" doesn't excuse her. This isn't going to help the public much.
Just my worthless
"The courts have already ruled that you're not anonymous when you're publicly distributing music online," said Matt Oppenheim, senior vice president at the RIAA. "Her lawyers are trying to obtain a free pass to download or upload music online illegally. Their arguments have already been addressed by federal court and been rejected."
Seems to me like this is an entirely different set of issues. As far as I know, the courts never addressed this on an individual, MY-rights-are-violated level. Surely her privacy rights are a lot stonger when asserted on her own behalf than when an ISP says they shouldn't have to disclose identities because that might be bad for whoever that might be that isn't represented in this hearing.
So, while she was using it as a media player (*cough*) she was also "participating" (whatever that means)
In her defense, I have gone to uninstall Kazaa on people's machines, and there are some that really do believe that its the only way to listen to their MP3's. I often have to explain to them that there are many other players out there that work better! The vast majority of casual users out there really just don't know any better, and that fact may have a major impact on these subpoenas. How do you prove that someone is computer literate enough to know they were doing something wrong?
Sound waves should be free!
Kids keep pitching tents in their pants hoping that some case like this will all of a sudden make downloading mp3z and 0-day warezezz perfectly legal. Of course that will never happen.
This is challenging the subpoena process, which a superior court has already upheld. So, most likely, nothing will come of it.
I'd like to see the case where someone is subpoena'd by the RIAA, and proves in court that they'd never offered so much as one copyrighted work for download. Like it was all fan fiction and independent music or whatever. Headlines blazing "music industry sues guy for doing nothing", RIAA lawyers with egg on their face.
I don't have a problem with them targetting people who are legitimately harming their business. But I have a problem with automated spiders flagging people to be sued or harassed. Automatic threat letters being sent to some person with the unfortunate name of Britney Spears, stuff like that.
They don't do a lot of fact checking before they launch these suits, and do absolutely none at all to send a C&D order. That's wrong and should be punished.
Anyways.
I love iPods mod me up.
I don't need no instructions to know how to rock!!!!
Since the goverment has no control over our country anymore, why should we be obliged to pay taxes and adhere to its laws?
Our legal system is set up so that it is very difficult for the police (a government employee) to get a warrant for a search, but the RIAA (a private company) can do it at will?
If there is some crime here, then I belive that the govenment should prosecute to the fullest extent of the law.
Do banks supoena bank robbers?
Keep in mind that I have never used Kazaa or similar service, and do not belive in the whole "sharing" thing. But I refuse to have corporations coming into my private life for something the feel is suspicious. Can I get a supoena to look at RIAA's records for price fixing and their business practice because I don't like it?
This is not a slope that I want to see our govenment go down. If so, then they have relinquished all power over its people, and that will lead to anarchy and/or revolution.
And by pleading the 5th, she is indicating that she might had done something illegal... a sure bet to get investigated further.
Your assessment is wrong. See in the text below of the DMCA (section h1).
Therefore, the copyright holder still needs approval of a clerk of a FEDERAL judge in order to issue the subpoena.
BTW, this text comes from EFF.org itself.