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Appeals Court Stays RIAA Subpoena

Posted by timothy on from the careful-dancin' dept.

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."

6 of 78 comments (clear)

  1. This could be big by NewYorkCountryLawyer · · Score: 5, Informative

    This could be the first time we will have appellate review of the RIAA's wacky, un-American, "ex parte", "John Doe" procedures.

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    Ray Beckerman +5 Insightful
    1. Re:This could be big by NewYorkCountryLawyer · · Score: 5, Informative

      And I'm especially pleased that the defendant's lawyer is Richard Altman, because he is an excellent attorney; he was actually working against the RIAA's madness even before I got into the fight. He is a brilliant, and highly principled, guy.

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      Ray Beckerman +5 Insightful
    2. Re:This could be big by NewYorkCountryLawyer · · Score: 5, Interesting

      When and how did you get involved in the RIAA?

      Late 2004 or early 2005. I heard about these RIAA cases from the Electronic Frontier Foundation, knew they were BS procedurally and substantively, thought to myself 'I'm a litigator, I'm a copyright lawyer, and I hate bullies... maybe I can help some of these folks.' Next thing I knew I was up to my neck in it.

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      Ray Beckerman +5 Insightful
    3. Re:This could be big by NewYorkCountryLawyer · · Score: 5, Informative

      I haven't been able to find is a succinct explanation of what particular legal approach the RIAA takes is unconventional

      They're too numerous to enumerate but I've highlighted a small sampling of some of them here and here.

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      Ray Beckerman +5 Insightful
    4. Re:This could be big by NewYorkCountryLawyer · · Score: 5, Interesting

      Do you think there's any chance at all the 2nd Circuit Appeals court will actually rule on some of the other issues at hand

      And why wouldn't they?
      -The issues are squarely presented.
      -After 40,000 cases, there is ZERO appellate authority.
      -The 2nd Circuit is considered by many to be the leading copyright court in the country.

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      Ray Beckerman +5 Insightful
  2. Poor college kid by Tubal-Cain · · Score: 5, Funny

    raises significant issues, some of first impression

    Translation: I need to buy a suit but don't get paid for 2 weeks.