Judge Excludes 3 "John Does" From RIAA Subpoena

NewYorkCountryLawyer writes "In one of the RIAA's 'John Doe' cases targeting Boston University students, after the University wrote to the Court saying that it could not identify three of the John Does 'to a reasonable degree of technical certainty,' Judge Nancy Gertner deemed the University's letter a 'motion to quash,' and granted it, quashing the subpoena as to those defendants. In the very brief docket entry (PDF) containing her decision, she noted that 'compliance with the subpoena as to the IP addresses represented by these Defendants would expose innocent parties to intrusive discovery.' There is an important lesson to be learned from this ruling: if the IT departments of the colleges and universities targeted by the RIAA would be honest, and explain to the Courts the problems with the identification and other technical issues, there is a good chance the subpoenas will be vacated. Certainly, there is now a judicial precedent for that principle. One commentator asks whether this holding 'represents the death knell to some, if not all, of the RIAA's efforts to use American university staff as copyright cops.'"

Comments

It's obvious that what we need is...

[Joce640k]

...a new law requiring better IP tracking built into all new routers and laptops.

Re:Odd

[HungryHobo]

Most of my neighbours have wireless.
I could crack into them in minutes and download.
Are they supposed to be security experts now?
What about when WPA gets cracked? even the ones with a little knowhow will be open for a time.

If someone breaks into your house and commits mail fraud while you're away are you guilty because your door wasn't strong enough to keep them out?

"accessory to their infringement" is bullshit

spoof::poof

[lq_x_pl]

The means to spoofing one's variety of e-identities (including MAC, IP, Useragent) are light years ahead of the means of tracking use!
The RIAA could demand some draconian cerberos system, but I doubt that rendering large campus networks unusable will garner them any support from the already annoyed campus IT admins. Anyway, much like the AV companies vs virus-writers, this battle is an entirely defensive one.

It's nice to see something logical leaking out of the judicial system, however.

Re:Universities still need to police their network

[h4x354x0r]

I work at a U, and they charge the students, faculty, staff, departments, and everything else that has any money, an obscene amount of money for a network connection. Students ARE paying, and barely getting their money's worth, even when file sharing.

Slashdot Article #921431008 supporting piracy

[mumblestheclown]

This was, by my count, slashdot article #921431008 which slants positively for the "less power for rightsholders" side. I'm still waiting for slashdot article #1 where somebody presents a decent and fair plan that both acknowledges new technologies and the possibilities that they bring AND the rights of the rightsholders to be fairly compensated and to reasonably punish/recover from wrongdoers.

Of course, it would be so very socially awkward to point out that virtually all policies slashdot have supported so far amount to in effect a regressive wealth transfer from the poor to the wealthy, where the poor who are for whatever reason unable to use a p2p service and thus purchase CDs subsidize the entertainment of those who otherwise generally can afford it. Oh no. Pointing out such things is just not cool.

Re:Slashdot Article #921431008 supporting piracy

[mcgrew]

I'm still waiting for slashdot article #1 where somebody presents a decent and fair plan that both acknowledges new technologies and the possibilities that they bring AND the rights of the rightsholders to be fairly compensated and to reasonably punish/recover from wrongdoers.

Sorry bud, but it ain't gonna happen. The "rightsholders" are the labels - this is only one of many reforms that need to be made. The recording artists should own copyright; they should NOT be "works for hire".

Copyright lengths need to be brought back down to sane levels. I should NOT have to pay for a Jimi Hendrix download.

Copyrights need to be registered again. Automatic granting of copyright is madness.

Out of print works should not be covered by copyright.

it would be so very socially awkward to point out that virtually all policies slashdot have supported so far amount to in effect a regressive wealth transfer from the poor to the wealthy

I don't know where you got the idea that Sony-BMI executives (who actually own the copyrights) are poor and the downloaders are wealthy.

I suggest you read Lawrence Lessig's Free Culture. The following quote is abridged:

File sharers share different kinds of content. We can divide these different kinds into four types.

A. There are some who use sharing networks as substitutes for purchasing content.

B. There are some who use sharing networks to sample music before purchasing it.

C. There are many who use sharing networks to get access to copyrighted content that is no longer sold or that they would not have purchased because the transaction costs off the Net are too high. For content not sold, this is still technically a violation of copyright, though because the copyright owner is not selling the content anymore, the economic harm is zero--the same harm that occurs when I sell my collection of 1960s 45-rpm records to a local collector.

D. Finally, there are many who use sharing networks to get access to content that is not copyrighted or that the copyright owner wants to give away.

Whether on balance sharing is harmful depends importantly on how harmful type A sharing is.

While the numbers do suggest that sharing is harmful, how harmful is harder to reckon. It has long been the recording industry's practice to blame technology for any drop in sales. The history of cassette recording is a good example.

The fact is, the labels are on the wrong side of history. Independant (non-RIAA) artists have learned to use the internet to their advantage. The RIAA wants to use copyright law to kill the independant competetion, who use Lessig's "D" as a means of promotion.

It isn't about music lovers "stealing" music -- study after study shows that "pirates" spend more money on music than non-pirates. It's about squashing competetion. The RIAA has radio, the indies have P2P, so the RIAA wants to kill P2P.

Nobody outside the industry who understands the situation is on the RIAA's side.