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

Re:Unfortunately, this is a valid subpoena

[cliffski]

Then the university needs to take steps to prevent it happening. if that means banning certain p2p protocols or certain websites then so be it. Sorry to burst everyone's bubble but universities are places where you go to further your education, not to shield yourself from prosecution when you knowingly and repeatedly download copyrighted music that you do not pay for, and for which you know payment is required.
You may not believe in copyright, or the rights of the IP holders, fine, then you should fight to change the law, or happily be prosecuted so you can have your day in court and make your spec about the injustice. But to hide behind university lawyers and IT people who frankly have better things to do than stick up for the illegal activities of the students, is just lame.