RIAA Backs Down In Austin, Texas

NewYorkCountryLawyer writes "In November, 2004, several judges in the federal court in Austin, Texas, got together and ordered the RIAA to cease and desist from its practice of joining multiple 'John Does' in a single case. The RIAA blithely ignored the order, and continued the illegal practice for the next four years, but steering clear of Austin. In 2008, however, circumstances conspired to force the record companies back to that venue. In Arista v. Does 1-22, in Providence, Rhode Island, they were hoping to get the student identities from Rhode Island College. After the first round, however, they learned that the College was not the ISP; rather, the ISP was an Austin-based company, Apogee Telecom Inc., meaning the RIAA would have to serve its subpoena in Austin. The RIAA did just that, but Apogee — unlike so many other ISP's — did not turn over its subscribers' identities in response to the subpoena, instead filing objections. This meant the RIAA would have to go to court, to try to get the Court to overrule Apogee's objections. Instead, it opted to withdraw the subpoena and drop its case."

Comments

Re:Thou shall not steal!

[FireFury03]

Stealing of information by copying has been punishable by law for many years - way before the Internet.

No, infringing copyright by copying is punishable by law. Stealing by copying isn't, because you can't steal something by copying it.

It is a flawed argument to think stealing information is not a bad thing.

No one said that is wasn't a bad thing. The point was that is isn't stealing. An action isn't automatically stealing just because it is bad - if I beat you up, I won't get convicted for stealing, but I will get convicted for assault.

Many companies have their entire business model setup on proprietary information - the people here a /. may not like this - but guess what - the people here at /. were not the ones investing tons of money/time into those soft-products.

There is nothing wrong with having your business model set up on proprietary information. What _is_ wrong is abusing the legal system to catch people who may or may not be breaking the law at the expense of a large number of innocent people.

Also, that nice new fancy drug that you or your family/loved ones are taking to save their lives...that formula is most likely (for new drugs) a closely held secret by a company that spent many millions in R&D. Without these copyright protections said companies would have no reason to create life-saving medicines.

You seem to be confused. You can't copyright a physical object such as a drug - you have to patent it. You can't keep patented IP a secret, since the whole point of a patent is that it is published.

The patent system has a lot of problems, but it has nothing to do with copyright, is not the matter under discussion and last I heard the drug industry didn't go around suing random people without any credible evidence that those people have done anything wrong.

Just like drug makers have to protect their recipies from international infringements so do people who want to profit from their music.

Nothing wrong with a copyright music owner protecting their property.

So what has this got to do with stealing?