Appeals Court Stays RIAA Subpoena

NewYorkCountryLawyer writes "The United States Court of Appeals for the Second Circuit has stepped in and issued a temporary stay of the RIAA's subpoena for the identity of a student at the State University of New York in Albany. The student, 'John Doe #3,' had filed an appeal and motion for stay pending appeal, arguing that the appeal 'raises significant issues, some of first impression' (PDF), such as the standards for the use of ex parte procedures for expedited discovery, the scope of the First Amendment right of anonymity over the internet, the scope of the distribution right in copyright law, and the pleading requirements for infringement of such right."

Comments

Re:This could be big

[Anonymous Coward]

nice job only quoting part of the post

so who's job would it be then, Einstein, to enforce things like breach of contract, libel, tortious interference, and the like? Those things are civil law, like Copyright law in this case, and are enforced at the long arm -- not of police -- of civil lawsuits. And that principle is completely American.

Next time, don't intentionally twist my words by partially quoting me, jackass

Re:This could be big

[Anonymous Coward]

I wish I was a better student, and could make it through law school.

If you can't grasp the difference between was and were then you have little chance to deal with the subtleties of law.