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RIAA Campaign Against Students Hits Stormier Seas

NewYorkCountryLawyer writes "It's been astutely observed that the RIAA's "ex parte" campaign against "John Doe" college students seems to have run into much stormier waters than its campaign against regular folks. Discovery motions were thrown out by the judges in cases involving the University of New Mexico and the College of William and Mary, and motions to quash have been made by students at Boston University, Oklahoma State University, and the University of South Florida. The RIAA might find it particularly troubling that the students are coming in armed with substantial expert witness declarations attacking the entire underpinning of the RIAA's case, that the students are finding each other and banding together, and that the Chairman of Boston University's Computer Science Department went to bat — as an expert witness — for the BU students."

14 of 296 comments (clear)

  1. Now there's education by kalpol · · Score: 5, Insightful

    Can't beat that for practical life experience.

    --
    12:50 - press return.
  2. good by batray · · Score: 5, Informative

    The resources available at a university should help counter the RIAA's unconscionable tactics.

    1. Re:good by FreeGamer · · Score: 5, Insightful

      It's not university resources that is the cause of this backlash. When the RIAA was prosecuting citizens, these are busy people with little time and tight budgets and generally isolated from other people being pursued by the RIAA.

      Students... now... these are groups of young people with common interests and copious amounts of free time, who are looking for worthy causes to fight that can define their generation, and have much less to lose as they don't have mortgages, families, and savings. Except for lawyers, you couldn't target a worse group of people. Trying to come down harder on them will make them come together more and strengthen their resolve to stamp out this persecution, a perceived abuse of their civil and human rights.

      Good. It's time the RIAA got it's ass kicked and it's especially humbling that it's students doing it - probably the worst offenders on the RIAA hitlist.

  3. in defense of the RIAA: by circletimessquare · · Score: 5, Funny

    you people think you have reason, science, fairness, morality, justice, and freedom on your side

    ha!

    we have LAWYERS

    lots and lots of LAWYERS

    platoons of them!

    fact: there is no problem we the RIAA have faced that couldn't be solved just by throwing LAWYERS at it. a problem? sue someone! PROBLEM SOLVED! don't you people get it?

    in fact, the entirety of human technological progress, in the form of the internet ruining our business model, means nothing. we can stop progress itself by just suing people

    sue! sue! sue! there: it's all gold and honey again, no more problems

    don't you silly college students get it yet?

    --
    intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it
  4. Students are the biggest activist demographic by athloi · · Score: 5, Insightful

    Few people have the time that students do, or the drive, toward activism of many types. They're such a powerful demographic that presidential candidates solicit them. Attacking them aggressively is risky but if the RIAA wins this one, everyone else is going to be gravy.

    1. Re:Students are the biggest activist demographic by MightyMartian · · Score: 5, Insightful

      RIAA can only win, at best, something of a tactical stalemate. In the long run, everything is stacked up against the record companies as they are currently formulated. The digital cat is out of the bag, and the album is dead. Just as bad, for RIAA, is the fact that the generation that they're going after right now will be the legislators that they may be having to deal with in a few years. So even if they manage to keep their crippled and outdated business plan working, eventually they're going to hit the iPod generation head on.

      --
      The world's burning. Moped Jesus spotted on I50. Details at 11.
  5. Scoob by chub_mackerel · · Score: 5, Funny

    RIAA: "...and I would have gotten away with it too, if it hadn't been for those MEDDLING KIDS!!!"

  6. From a link in the article... by do_kev · · Score: 5, Insightful

    "...In addition, Shutovsky is directed to provide the names and addresses of all people who have used his PC in the three years prior to his being sued. According to his response to the RIAA's requests, those who may have used the computer include his wife, an unspecified list of "short-term house guests," and eight other people who live in Russia, Ukraine, or the UK. The RIAA says that it would like to contact the Shutovsky's houseguests to see if it would be "reasonable" to take depositions..."

    And so continues the witch-hunt for dear ol' 162.83.177.207.

    I hope the new generation of musicians refuse to sign record labels with major companies. Considering how powerful a home studio can now be, it's a whole lot more feasible than it was 30 years ago..

  7. Defeating the RIAA != Supporting Piracy by Shambly · · Score: 5, Insightful

    The problem with the RIAA is that it has very questionable practices in regards to its sending subpeona's and when it sues people not that piracy is right.

    The problem is that it believes itself to be a police force with powers to investigate and aprehend criminals. It does not.

    However that does not mean that piracy is ok. It only means that evil corporations are evil. While you may argue that information wants to be free and copyrights are badly flawed that does not mean your piracy is not against the law. It's the practice of the RIAA that are unlawful not its intent.

  8. Re:Does this have broader implications? by Shambly · · Score: 5, Interesting

    They are arguing that an IP is not a unique identifier especially on university networks. Also that the discovery process can only occur after the people have been identified and not before so that looking at the IP traces cannot be done before they are notified. The first part may be of some help if you are using a router or sharing your connections but the second part could be very interresting as it would imply that the RIAA has no right to check your IP until you are notified so they would lose their enforcement power and have to rely on the police to do the work.

  9. Re:So do we by TheMeuge · · Score: 5, Insightful

    That's the thing. Universities have lawyers too... they're called the FACULTY. There's tons of them, and given that they probably taught the RIAA lawyers, they're pretty dangerous.

    They're also academic in their understanding of the law, which means that given the shaky ground RIAA lawsuits are standing on, they are unlikely to win.

  10. Re:out of date marketing methods by jedidiah · · Score: 5, Insightful

    It isn't their choice.

    DRM violates the social contract that allows them to control distribution of creative works.

    DRM should void any copyright protection.

    If the Librarian of Congress can't archive it, then the FBI shouldn't be used to prosecute those that pirate the work and the US Courts should not be used by corporations to sue those that the FBI won't prosecute.

    --
    A Pirate and a Puritan look the same on a balance sheet.
  11. Re:You forgot... by The+Fourth · · Score: 5, Funny

    Yes, and here at universities... we MAKE our own lawyers.

  12. Re:You forgot... by skeeto · · Score: 5, Funny

    Yes, and here at universities... we MAKE our own lawyers. As long as you remember to run ./configure first.