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Marshall University Challenges RIAA

NewYorkCountryLawyer writes "Marshall University, in Huntington, West Virginia, has become just the second US college or university to show the moxie to stand up for its students instead of instantly caving in to RIAA extortion. In February, Marshall, represented by the Attorney General of the State of West Virginia, made a motion to quash the RIAA's subpoena for student identities, pointing out in exquisite detail in its long-time IT guy's affidavit (PDF) the impossibility of identifying copyright 'infringers' based on the RIAA's meager evidence. Unfortunately, the Magistrate — under the mistaken impression that the RIAA isn't going to sue the identified students, but merely wants to talk to them — recommended that the subpoena be okayed by the District Judge (PDF). It is not yet known whether Marshall will be filing objections. The first US college or university known to have attacked the RIAA's subpoena was the University of Oregon, which — also represented by its state's Attorney General — made a motion to quash last November, and even questioned the legality of the RIAA's methods. The Oregon motion is still pending."

1 of 117 comments (clear)

  1. Re:And even after all the years of these articles. by sm62704 · · Score: 4, Interesting

    Thieves take without the owners' permission. Your "pirates" are uploading content they PAID for - exactly the opposiute of stealing. They're not breaking the law by taking, they're breaking the law by giving. In no way can copyright infringers be called "thieves".

    A music thief is someone who steals CDs from Best Buy. A music thief is also someone who scams a recording artist he's signed a contract with out of all his royalties, like the music industry has done time and again.

    Which label do you work for again, Mr. Cpward? Sony-BMG? If so, there's a special place in hell for you.

    --
    mcgrew's razor: Never attribute to stupidity that which can be explained by greedy self-interest