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Judge Says No to RIAA Subpoena Request
NewYorkCountryLawyer writes "For at least the second time, a federal judge has dealt the RIAA's campaign against college students a blow by refusing an ex parte motion by the RIAA for a subpoena against college students. In Newport News, Virginia, Judge Walter D. Kelley, Jr., denied the RIAA's motion for information about students at the College of William and Mary. The Court denied the motion outright, saying it was unauthorized by law. (pdf) Last month it was reported that a New Mexico judge had denied a similar motion directed against University of New Mexico students on the ground that it should not have been made ex parte."
My hand goes up. Ex parte is a very common legal term meaning to meet with a judge without both parties being present. Normally, no matter what the motion, when you meet with a judge, both sides get to be present. These subpoenas are being issued with only the RIAA being present.
Yep, the RIAA prefers to do everything the sneaky way.
They find it inconvenient if someone else shows up to tell the judges the truth.
Of course, as Judge Garcia was kind enough to point out, their "ex parte" tactics are illegal. Just a minor detail.
Ray Beckerman +5 Insightful