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Judge Deals Blow to RIAA
jcgam69 writes "A federal judge in New Mexico has put the brakes on the RIAA's lawsuit train, at least in the US District Court for New Mexico. The case in question is part of the RIAA's campaign against file-sharing on college campuses and names "Does 1-16," who allegedly engaged in copyright infringement using the University of New Mexico's network. In a ruling issued last month but disclosed today by file-sharing attorney Ray Beckerman, Judge Lorenzo F. Garcia denied the RIAA's motion to engage in discovery. This means that the RIAA will not be able to easily get subpoenas to obtain identifying information from the University."
This isn't a blow for RIAA in any way. This is a win for a fairer usage of legal system to punish copyright offenders.
The issue in question is the abuse of the discovery process by the MAFIAA -- they use subpoenas to get identities without the people involved knowing about it; they then then proceed to racket the people directly by offering them a 'cheap' settlement without giving the people a chance to mount defense.
The ruling only says that MAFIAA has to work out a process with the university to allow people to contest the subpoenas before their identities are revealed. This seems only fair, and it is not a blow, but a remedy instead.
If someone is caught violating the law, defend themselves, lose and are found guilty -- or decide to settle out -- things still work as intended, only they get a chance to be informed and contest charges.
Of course and as usual, the MAFIAA has the audacity to say informing people about the subpoenas is doing 'irreparable harm' to them. Yep, sure it does, since it would require them pony up some proof instead of racket.
To which the judge notes that RIAA will not suffer 'irreparable harm' because of that, since if they can produce proof they can still sue for damages and collect.
So, i don't see any victims in this ruling.
No, they did not.
California decriminalized pot, it it still illegal. Cannabis is still a Federal schedule I controlled substance.
" Typically, decriminalization means no prison time or criminal record for first-time possession of a small amount for personal consumption. The conduct is treated like a minor traffic violation." - www.norml.org
Our wealth breeds emptiness
Ray Beckerman +5 Insightful
It was an ex parte motion.... i.e. no one other than the RIAA knew of its existence.
The judge rejected it, realizing that there was no reason in the world for the motion to be ex parte rather than on notice.
I.e., the judge was looking out for people who weren't even aware the case was going on... he was doing exactly what a judge is supposed to be doing in such a situation.
Since the judge ordered the RIAA to confer with the University of New Mexico, that's how the order came to their attention.
Ray Beckerman +5 Insightful