Slashdot Mirror
Supreme Court Rejects RIAA Appeal
An anonymous reader submits "Recall that the RIAA originally used to directly send DMCA-laced supoenas to ISPs to obtain information about a P2P user. Then recall how Verizon and other providers balked saying the RIAA had to file John Doe suits first. It ultimately reached SCOTUS, with the RIAA appealing a decision that was in Verizon's favor. SCOTUS has declined to hear the case, effectively casting the Verizon opinion in stone. Wahoo! Part of DMCA shot down!"
And the Lord saw that it was good, and said, "w00t!"
The courts are finally catching on to the RIAA's game. People should start suing *them*.
The dangers of knowledge trigger emotional distress in human beings.
Perhaps, like all of us, the judges are getting tired of the RIAA's "tactics" and want it to shut up and stop whining.
The Supreme Court of USA for those of you who (like me) didn't have a clue at first.
I don't think so.
More like still up for debate. Unless I'm mistaken, status quo remains and this can continue to be repeatedly brought up until the issue finally does get ruled on by the court. Correct?
This isn't final unless/until all the remaining appellate districts rule in the same way. One district going the other way might bring it back to the supremes.
If they'd heard it and decided against the RIAA, rather than just refusing to hear it, it would be final.
Bantam Dominique roosters crow a four-note song. Once you've heard it as "Happy BIRTHday" you can't NOT hear it that way
Wahoo! Part of DMCA shot down!
Not really. What the RIAA was doing was never really in the DMCA, a fact noted by the D.C. Circuit when they overturned the District Court's decision on a pure statutory analysis. This leaves us where we started, minus only a dubious construction atop the DMCA, an RIAA gamble that didn't pan out.
geek. lawyer.
Unless of course, you were just joking.
I thought it said SCROTUS at first! I wonder if they have any ties to the terrorist organization known as the CLIT.
Of course not. It _is_ however, a victory for those of us who believed that the RIAA's approach to the entire affair shouldn't be allowed. Essentially, a subpoena is a court document used to extract information. There should be judicial oversight to ensure that that process is not being abused. That's what this is about.
this isn't that major of a victory for P2P fans
However it is a major victory for due process. No corporation should be allowed to issue their own 'supoenas' to force a third-party to turn over personal information without proper judicial oversight. That part of the DMCA was WAY over the line.
Or is this simply until the RIAA frames their arguments differently. Those of us old enough and who read some history books in school remember the SCOTUS sometimes reversing decisions or simply throwing it back in the plaintiffs face and saying, "You didn't cross all your T's and dot all your I's, we'll be here if you'd like to have another go later on." The ball is merely in the RIAA's court while they choose another tack.
For now, it's certainly good stuff, but be wary.
A feeling of having made the same mistake before: Deja Foobar
Not as far as I can see. All this says, is that if the RIAA wishes to subpoena the personal information of an ISPs customer, they must actually file a lawsuit to have a basis for access to this data, rather than simply demanding the data.
If you were "stealing" misic for stuffing into your iPod, the RIAA can file a John Doe lawsuit, subpoena your personal data from your ISP, correct the personal data in the lawsuit to reflect this, and sue you, or settle, as they see fit.
America is now amassing a body of case law that protects our rights from attacks like the DMCA, and its INDUCEments to tyranny. But the pattern shows so far only that Verizon's corporate rights trump the RIAA's corporate privileges. We need some decisions that show that human rights to free expression and fair use of personal property trump corporate claims to profits. What's the EFF got up its sleeve? Or EPIC? The hoary old ACLU? Or maybe Jon Johnassen will free us all?
--
make install -not war
Nor does it make trading music files online "stealing" no matter how much they want the world to believe that it is.
No, that is not what this sez. Not even vaguely. It is about whether you can go on a fishing expedition to find someone who MIGHT be stealing vs. KNOWING that someone is stealing. Altogether different.
But, hey, what do I know. IANAL.
IANAL, but I've seen actors play them on TV
Not nessasarily. Usually once the Court refuses to hear something the lower courts will honor that position as law. This is what is called a Stare Decisis ruling. Now this ruling is now only pertinent to the district court in which it occured. Other juristicions will usually look to a juristiction that has already ruled on a similar case before issuing its ruling. (The fact the Court has stare decisised this one is gonna do wonders to advance this on other juristictions as well.
The RIAA could theoretically file again in another juristiction, but may be denied by the Court on grounds that there is a SCOTUS ruling in place on the matter (stare decisis does not carry the same weight as a Court ruling). For examples sake, the Pro-life crowd is reluctant to challenge Roe v. Wade until the Court is firmly in conservative hands. If you have a case before the SCOTUS you usually can not be heard again for decades (seperate but equal 1890's; brown v. board 1954... long ass time). So in short.... the RIAA is effectively REAMED.
I always knew mixing political science and computers could be fun :)
why the police are not allowed to get an arrest warrant for someone based on their dna, especially pertinent in rape cases, but the riaa can get your first born based on an ip address? something seems a bit skewed to me....
am i the only one?
The only way to get rid of a temptation is to yield to it.
-Oscar Wilde
Except for the fact that according to all posted statistics, the RIAA companies are making MORE money per year since swapping became an issue. It's free advertisement for them and more profits in the end. But they still play it as they are losing money when last year they earned over $10 billion. Up from the year before even.
No, they didn't.
The Court simply declined to grant cert to the case and consider it. They have said multiple times that their refusal does not convey anything about the merits of the case:
STATE OF MD. v. BALTIMORE RADIO SHOW , 338 U.S. 912 (1950)
"Inasmuch, therefore, as all that a denial of a petition for a writ of certiorari means is that fewer than four members of the Court thought it should be granted, this Court has rigorously insisted that such a denial carries with it no implication whatever regarding the Court's views on the merits of a case which it has declined to review. The Court has said this again and again; again and again the admonition has to be repeated."
Unless enough justices have a personal interest in the case, the Supreme Court rarely considers a case except to resolve conflicting decisions among the US Courts of Appeals.
We need a way to moderate original postings "uninformed".
Worked like a charm on me. I was afraid to download music and I haven't thought of a single CD I want to buy since then. If I hear it on the radio I know they're going to play it every 15 minutes until I scream so I don't bother buying those.
Two roads diverged in a wood, and I - I took the one the bus load of girls just went down.
From personal observation, it's standard procedure to portray yourself as the victim/underdog regardless of how much a dominant monopolistic arrogant bastard individual/organization/company/government you are.
Thus they paint the picture of the starving artist whom we are defrauding. Nevermind the t-shirts and concert ticket sales where artists actually get most of their cut.
Then they equate it to stealing which is easier to grasp than copyright infringement. After all, Joe Sixpack and his kids usually don't deal with copyrights much but they definitely have STUFF that can be stolen. They can relate and stealing is bad.
I do believe the ultimate solution is more quality content. My latest purchase was Manson's "Lest We Forget" with the DVD (can't seem to play it in MDK 10CE, though so I'm not too thrilled). If I believe a band makes good music (and this is definitely personal preference), I'll spend money for their work. I'm also in favor of having bonus content -- videos, pictures, behind-the-scenes footage, etc.
start here