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University of Ohio Abandons Students Attacked by RIAA

Posted by Zonk on from the just-have-to-run-faster-than-the-hafling dept.

newtley writes "The University of Ohio was putting a brave face on being #1 on the RIAA hit list, but it now appears they have caved in to RIAA intimidation. Now, 'It appears that many institutions are simply prepared to wash their hands, refusing even to question the tactics of the industry,' let alone giving students meaningful legal assistance, says Ohio lawyer Joe Hazelbaker. He's written to OU associate director of legal affairs Barbara Nalazek saying, 'Ohio University has an obligation to protect the privacy of its students and their records, which includes directory information.' The Recording Industry vs. The People blog is hosting a letter universities whose students being attacked might want to consider."

13 of 242 comments (clear)

  1. Another one bites the dust by ajanp · · Score: 4, Informative
    I guess they decided to not to take the advice from our favorite anti-RIAA Harvard professor http://yro.slashdot.org/article.pl?sid=07/05/05/04 13249

    I'm going to go ahead and take a wild guess that a couple hundred University of Ohio students will be receiving some pre-litigation notices in the mail sometime next week.

    --
    File Deletion is Murder.
    1. Re:Another one bites the dust by Achromatic1978 · · Score: 2, Informative

      Yeah, what a joke. "Let alone provide meaningful legal advice" - that's your counsel's job, not your damn schools. Some of the points made in the article are somewhat valid, but definitely not anything down this track. "Whine, poor students doing something illegal, and their school isn't shielding them from it!"

    2. Re:Another one bites the dust by NewYorkCountryLawyer · · Score: 4, Informative

      Actually, let's be careful here.

      Ohio University's office of Student Legal Services has done an excellent job -- far better than the SLS at many other schools -- of advising the students. In fact they affirmatively went out of the way to help them find counsel and to make them aware of their legal rights, and of resources upon which they could draw.

      The problem is that under their charter, they're not authorized to litigate in federal court, and have to refer the students to outside counsel.

      Now the university's counsel's office should be taking a more activist role than it has, as Mr. Hazelbaker eloquently pointed out in his letter (pdf).

      --
      Ray Beckerman +5 Insightful
  2. As someone who works on the inside by Anonymous Coward · · Score: 1, Informative

    All I'm going to say is that MAC addresses are easy to spoof, so if your school uses those for computer authentication (especially using wireless)...

  3. Re:Stop Downloading Crap Music? by shmlco · · Score: 3, Informative

    And if you have to have it, a used cd is often only $4 or so on half.com.

    --
    Any sect, cult, or religion will legislate its creed into law if it acquires the political power to do so.
  4. It's Ohio University by Eldred · · Score: 5, Informative

    Correction: The school referred to in the story is called "Ohio University," not "University of Ohio."

  5. Re:In other news... by bladesjester · · Score: 2, Informative

    In other news, it's not the Univeristy of Ohio. It's Ohio University.

    --
    Everything I need to know I learned by killing smart people and eating their brains.
  6. Trent Reznor says it all by lordvalrole · · Score: 2, Informative

    http://www.news.com.au/heraldsun/story/0,21985,217 41980-5006024,00.html

    Your money isn't going to the artists damn it. It never has and it never will. I think I have given up all hope for this damn country. Anyone know any islands up for sale?

  7. Re:Slashdot's hugely biased reporting by BakaHoushi · · Score: 4, Informative

    Practice what you preach. They "broke the law?" No, they did no such thing. They allegedly "infringed on a copyright." They are two separate things for a reason. copyright infringement != theft. That's why people aren't locked up for it. They're sued.

    And mind you, many of these words may be buzzwords, but at their heart, can you honestly say this is not intimidation? How many people who have NOT downloaded anything illegally have been sued? How many laws (note, LAWS) has the RIAA tried to bend/break in order to GET information on people?

    And one last bit that gets said over and over again:
    When you pay for that System of a Down CD, 95% of that money (number made up off top of my head, point is, vast majority) goes to... the RIAA/its affiliates. Bands make money off of tours, merchandise, etc.

    And for the record, no, I don't pirate music. Or anything, really. I simply don't really care for most music, and my last album (Weird Al's Straight Outta Lynwood) I did get in physical form.

  8. Re:Victims? by NewYorkCountryLawyer · · Score: 2, Informative

    It sounds to me like we're making a classic stupid military mistake: we keep on defending ourselves, at our homes, schools, and workplaces. So let me ask: how do we take the fight to them? How about a counterclaim for copyright misuse, demanding forfeiture of their copyrights?
    --
    Ray Beckerman +5 Insightful
  9. Re:How about personal responsibility by NewYorkCountryLawyer · · Score: 2, Informative

    Ohio University is being asked to turn over confidential information that it is legally forbidden to turn over except pursuant to a (a) court order, (b) based on evidence that would be admissible at trial, (c) sufficient to establish a prima facie case of copyright infringement against each person whose information is being sought.

    Ohio University owes a duty to its students to force the RIAA to make such a showing before it releases any information.

    In 2004 the RIAA was forbidden by a federal court to join different John Does in a single lawsuit. The RIAA has been regularly ignoring that order.

    The university has a duty to make sure that that order has not been violated.

    The RIAA has a legal obligation to bring proceedings on prior notice, rather than ex parte, whenever it is possible to do so.

    The university has an obligation to request of the Court that it make sure the students receive prior notice of the RIAA's motion, rather than find out about an order that's already been entered, with no meaningful opportunity to challenge it.

    The reason it's the University's responsibility?

    Because it has a legal obligation to do so and because it is the the university that is breaking the law when it fails to do so.

    See generally my Open Letter to Colleges and Universities.

    I'm not asking the university to defend someone sued in a copyright infringement case.

    I'm asking it to protect its students' due process rights, rather than give them away.

    --
    Ray Beckerman +5 Insightful
  10. Counsel's Office, Not Student Legal Services by NewYorkCountryLawyer · · Score: 3, Informative

    I just want to be sure to clarify something.

    The Student Legal Services office at OU, which acts as a legal adviser and representative for the students, has worked very hard to make the students aware of their rights and to help them find counsel. Unfortunately SLS's charter does not authorize it to represent the students in federal court, so it must try to obtain outside referrals for them.

    It is the university's counsel's office to which Mr. Hazelbacker's letter is addressed.

    --
    Ray Beckerman +5 Insightful
  11. Re:Slashdot's hugely biased reporting by Euler · · Score: 2, Informative

    FYI to everyone in this thread, do at least 30 seconds of research before spouting off about something you are not an expert in.

    Google "US Code copyright" (United States Code)

    This will settle the argument that copyright infringment is, in fact, a crimal offense that can result in jail time.

    http://www4.law.cornell.edu/uscode/html/uscode18/u sc_sec_18_00002319----000-.html