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Duke Demands Proof of Infringement From RIAA

Posted by Soulskill on from the bluff-called dept.

NewYorkCountryLawyer writes "According to a report at p2pnet, Duke University has told the RIAA that it will no longer forward the RIAA's 'early settlement' letters to its students unless the RIAA submits 'evidence that someone actually downloaded from that student,' and said that 'if the RIAA can't prove that actual illegal behavior occurred, then we're not going to comply.' While it is good news that a university is requiring the RIAA to put up or shut up, the forwarding — or not forwarding — of letters is pretty insignificant. What I want to know is this: 'When the RIAA comes knocking with its Star Chamber, ex parte, 'John Doe' litigation to get the students' identities, is the University going to go to bat for the students and fight the litigation on the ground that it's based on zero evidence, and on the ground that the students weren't given prior notice and an opportunity to be heard?' Over 1,000 infringement notices were sent to Duke students in the last year."

6 of 159 comments (clear)

  1. Dang by Anonymous Coward · · Score: 5, Funny

    For a minute there I thought this meant Duke Nukem Forever had been released, and it was about Duke fighting the RIAA in a court of law. Man, that would kick ass.

    1. Re:Dang by Foobar+of+Borg · · Score: 3, Funny

      For a minute there I thought this meant Duke Nukem Forever had been released, and it was about Duke fighting the RIAA in a court of law. Man, that would kick ass.

      From what I heard, someone from Duke administration stopped by the RIAA office and said "I have come here to chew bubble gum and to kick ass, and I am all out of bubble gum."

      --
      Similar to the upcoming US election results
  2. Re:cue vague legal question by shentino · · Score: 2, Funny

    It could be "cooperate with us or we'll sue the crap out of you. Nice school, would be a shame if it went bankrupt in court wouldn't it"?

  3. Re:Now that the heavy lifting is done... by NewYorkCountryLawyer · · Score: 4, Funny

    Sure, Duke is bold now that NewYorkCountryLawyer and other lawyers stood their ground in a proverbial Battle of Thermopylae defending a bunch of homemakers and retirees against the RIAA army!

    Why thank you, cenconce. I've always found inspiration from the brave men who resisted the Persian empire at Thermopylae.

    --
    Ray Beckerman +5 Insightful
  4. Re:Curious... by Tubal-Cain · · Score: 4, Funny

    They seemed a lot more decent than the people I've seen from the RIAA.

    It's a low bar.

  5. Re:Why not earlier? by Chrisje · · Score: 2, Funny

    Buddy, I was thoroughly amazed by the fact that you actually got a serious reply to your post. Because I didn't understand a bloody word you said.

    What are you smoking? The other day, when I was in Amsterdam, I bought me a couple of grams of good Skunk and I couldn't manage to sound as incoherent, disjointed and whimsical as you just did.

    When they tried to make you go to rehab, don't you think you should have said "Yes, yes, yes"?