Boston University Student Challenges RIAA

NewYorkCountryLawyer writes "A Boston University student identified only as one of the 21 'John Does' in Arista v. Does 1-21 has challenged the RIAA's alleged right to get his or her identity from the school, bringing a motion to vacate the ex parte discovery order obtained by the RIAA, and to quash the subpoena served on the university. John Doe's court papers (PDF) argue, among other things, that the RIAA's papers are 'based on a flawed theory that having copyrighted music files on an individual's computer or on an assigned folder on Boston University's server is a "distribution" of such copyrighted music files, where such folder is merely accessible by others.'"

Comments

Re:*Ding*

[dotHectate]

I don't distinctly remember which one it was, but I remember reading it.

Apparently a judge (most likely federal) told them that they *must* sue individuals and not large groups of people, unless those people were all involved in the alleged lawbreaking as a whole unit (ie. conspiracy) or a single occurance. Basically the judge told them they couldn't do this just because it was convenient for them. What it amounts to is that a single case with 21 "John Doe" persons = 1 filing fee (read; less money). But since each person's alleged infringement has no relation to the other's, they are *supposed* to file 21 separate cases (read: significantly more money).

Also, by doing it this way, it costs more money for the court to send out the proper notices to the participants. Money that they aren't getting from the RIAA.
*Money that we pay in our taxes.*

Re:A few questions...

[pak9rabid]

If the RIAA had their way, this would be illegal. In fact, if the RIAA really had their way, you'd be paying each time you listened to your CD...

Re:his argument seems flawed

[Smidge204]

I must apologize, I had modded to +1 Interesting but after reading the PDF itself I think I'll reply to your comment instead.

What he is arguing is, at least as I see it: "Just because I left it in a public place does not mean anyone actually copied it. You have not claimed anyone but your agent has copied it, you have not claimed that I invited anyone to copy it, you have not claimed that I was aware anyone has copied it, nor that I as even aware they they could be copied." (Emphasis mine, the original word was "alleged")

...but they filed for a subpoena anyway. In short, it seems the RIAA hasn't even accused anyone of wrongdoing before asking for their personal information. All they saw was "Hey, this kid has music files that I can download" and went at him. THAT is the basis upon which the subpoena is being challanged.

A possibly poor analogy: I leave a CD on a table in a public place (a public park, say), for whatever reason. An RIAA agent comes by, sees the CD, and noticed he can pick it up. They then subpoena the town/city for all records of who was in the park that day, sitting at that particular table, because someone was "distributing" music illegally.

The kicker is, he cites supporting law verbage and other court cases where this situation was determined to not be copyright infringement.

IANAL though. Grain of salt for ya...
=Smidge=

Easy fix, dude.

[porcupine8]

Click on "Preferences" in the menubar just below the /. logo. Then click on "Homepage" on the next menubar. Scroll down to "Customize Stories on the Homepage" and change the radio button next to "Your Rights Online" (last option in the list) to the big red no sign.

Re:*Ding*

[NewYorkCountryLawyer]

I don't distinctly remember which one it was, but I remember reading it. Apparently a judge (most likely federal) told them that they *must* sue individuals and not large groups of people, unless those people were all involved in the alleged lawbreaking as a whole unit (ie. conspiracy) or a single occurance. Basically the judge told them they couldn't do this just because it was convenient for them. What it amounts to is that a single case with 21 "John Doe" persons = 1 filing fee (read; less money). But since each person's alleged infringement has no relation to the other's, they are *supposed* to file 21 separate cases (read: significantly more money). Also, by doing it this way, it costs more money for the court to send out the proper notices to the participants. Money that they aren't getting from the RIAA. *Money that we pay in our taxes.* You are right, dotHectate. There have been a number of such holdings but the leading one is Fonovisa v. Does 1-41

The "making available" issue

[NewYorkCountryLawyer]

The best place to learn about the RIAA's "making available" theory, and the arguments pro and con, is the case file in Elektra v. Barker. Be sure to read the transcript, in which the Judge skeptically questions the RIAA lawyer about it.

Re:*Ding*

[UnknowingFool]

It was a federal court ruling by Judge Newcomer, in the Eastern District of Pennsylvania, but that is not what this motion is about. In this case, the RIAA is requesting that Boston University reveal the identities of 21 John Does. The defendants have responded saying that the RIAA cannot go on a fishing expedition for their identities without having proof that the 21 individuals have done something wrong.