Duke Demands Proof of Infringement From RIAA

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."

Comments

Duke supports the accusers

[eskayp]

Given Duke's actions when members of their lacrosse team were falsely accused of rape it's probably not a wise idea to count on Duke for anything.
It's surprising that students haven't already been publicly villified, programs cancelled, and random suspects and their associates ejected.

Re:Why not earlier?

[monxrtr]

Minus One Troll. Evacuate. Rrrr-eeahh! Evacuate. Rrrr-eeahh!

Beware the "Irrational Power" known as the "Rate-Down".

"ITS" Students? You mean no North Carolina students want free tuition for being victims of, for opposing, negligence? For accusations without some sort of legalese bullshit basis? Well, rate dat down den!

Exactly. Let the big bucks universities settle first. Then collect room and board and tuition times ... arbitrage says ... X 4!