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

I wonder....

[iknownuttin]

if all of the negative press the RIAA has received has emboldened folks to stand up to them and also has encouraged greater scrutiny of their legal claims by the general public and legal community.

Hopefully More Push-back Follows.

[blcamp]

This is a good thing. More and more organizations and people are starting to come around to the realization that the *AA's bullying is just that, basically the schoolyard thug taking the little guy's lunch money (and unfortunately here, much more) on a larger scale.

Hopefully the day comes (sooner rather than later) when RIAA, MPAA and all the other acronyms meet a new acronym: RICO.

Rule 34

[NotQuiteReal]

OK, I'll bite - why is "rule 34" funny? Let's see... rule 34

Oh god, with RIAA Lawyers? You disgust me.

Of course, I am not surprised. Lawyers screw people all the time.