U.of Oregon Says No to RIAA

NewYorkCountryLawyer writes "The University of Oregon has filed a motion to quash the RIAA's subpoena for information on student identities in what is believed to be the first such motion made by a university with support from the state Attorney General. The motion (pdf) explains that it is impossible to identify the alleged infringers from the information the RIAA has presented: 'Five of the seventeen John Does accessed the content in question from double occupancy dorm rooms at the University. With regard to these Does, the University is able to identify only the room where the content was accessed and whether or not the computer used was a Macintosh or a PC ... The University cannot determine whether the content in question accessed by one occupant as opposed to another, or whether it was accessed instead by a visitor.' The AG's motion further argues (pdf) that "Plaintiffs' subpoena is unduly burdensome and overbroad. It seeks information that the University does not readily possess. In order to attempt to comply with the subpoena, the University would be forced to undertake an investigation to create discovery for Plaintiffs — an obligation not imposed by Rule 45. As the University is unable to identify the alleged infringers with any accuracy, it cannot comply with its federal obligation to notify students potentially affected by the subpoena. One commentator has likened the AG's argument to saying, in effect, that the RIAA's evidence is 'rubbish'."

Comments

If this works...

[bobdotorg]

... I'm interested to see how will subsequent rulings will affect the 'unsecured wireless defense'.

Re:If this works...

[QuantumRiff]

UofO doesn't have unsecured wireless. They have a captive portal that requires you to login. Their argument for the wireless is that they can't tell if the person logging in is the same person as the one that is using the computer.. (IE, you give your GF your laptop and password for the day). In fact, with the issues cropping up from the CALEA act, (can't remember the exact spelling this early in the morning) schools can soon get in trouble for not authenticating their wireless, in case terrorists want to use it. No joke, thats what the feds say!! Most of the schools are pretty ticked about that act, since it opens up all sorts of possibilities for abuse, like this story.

PS.. GO DUCKS!

RIAA is rubbish. Question here for the law types.

[ACK!!]

The bullying tactics the lawyers have used in the suits typically reside under the term of "unduly burdensome".

I am glad that the U. of Oregon stood up to these guys but it seems that the idea of a warrant or getting this information as being "unduly burdensome" seems pretty broad.

Is there a solid definition in these types of cases for what is really unduly burdensome?

U of O A Good Place To Start

[VoxMagis]

I live in the same town.

With Phil Knight's money behind them, a former State Attorney General as the head of the school, and a liberal-leaning state, this could really spell out some issues for RIAA.

GO DUCKS!

[Richard.Tao]

Yeah, that's my college there. My RA got a notice for infringement so his internet was shut off. He's in a room by himself, so he maybe be screwed. UO is a very progressive school in a liberal town, it's great to hear they're standing up for students. From the article it doesn't sound like they're protecting any of our rights, just complaining that it's difficult for them... Oh well, either way it protects the students.

Support of State Attorney General

[peacefinder]

"The University of Oregon has filed a motion to quash the RIAA's subpoena for information on student identities in what is believed to be the first such motion made by a university with support from the state Attorney General."

Amusingly enough, the University of Oregon's President used to be the state Attorney General. I suspect he had an easier time getting the current AG's support than most university presidents have.

Re:Recycle used CDs, save the planet

[TheGratefulNet]

growing up in the 70's and 80's I remember radio stations having special 'whole album sides' plays. they'd even give you a count-down before they started the first uninterrupted track.

can't get much more blatant than THAT, can you?

if it was ok then - and the sony/betamax case already established our right to make personal copies of 'media' - what's changed?

what's changed is that media companies see the signaling of the end for their business model. they see they have 5-10 yrs left, if even that. they are trying to milk the system for all its worth, ONE final time.

RIAA free sticker

[jeffeb3]

I want to see some media with an "RIAA Free" sticker on it so I know where to spend my money. I recently left grad school for a job that actually pays money, and now I don't really mind paying for records. I just want to know where to plop the cash so that I'm not feeding the beast that would have loved to attack me a year ago.