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Appeals Court Stays RIAA Subpoena Vs. Students
NewYorkCountryLawyer writes "The procedures used by the RIAA the past 5 years in suing 'John Does' without their knowing about it have never been subjected to scrutiny by an appeals court, since most of the 'John Does' never learn about the 'ex parte' proceeding until it's too late to do anything about it. That is about to change. In Arista Records v. Does 1-16, a case targeting students at the Albany Campus of the State University of New York, the US Court of Appeals for the Second Circuit has decided to put things on hold while it takes a careful look at what transpired in the lower court. The way it came to this is that a few 'John Does' filed a broad-based challenge to a number of the RIAA's procedures, citing the defendant's constitutional rights, the insufficiency of the complaint, the lack of personal jurisdiction over the defendants, improper misjoinder of the defendants, and the RIAA's illegal procurement of its 'evidence' through the use of an unlicensed investigator, MediaSentry. The lower court judges gave short shrift to 'John Doe #3,' but he promptly filed an appeal, and asked for a stay of the subpoena and lower court proceedings during the pendency of the appeal. The RIAA opposed the motion, arguing that John Doe's appeal had no chance of success. The Appeals Court disagreed and granted the motion, freezing the subpoena and putting the entire case on hold until the appeal is finally determined. As one commentator said, 'this news has been a long time coming, but is welcomed.'"
Sorry for the tyopes, I'm posting this from my balckbrery.
I tried to insert a beer tehre, but the olny thing taht hapepned is i got beer all ovre my laptpo.
Perhpas it would have bene better to use $BEVERAGE insteda fo giving bad instrutcions?
"Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
is finally going to start to treat the RIAA like the mobsters they mimic?
I really wish we could stop comparing the RIAA to the Mafia. It's an insult to the hard working men like Tony Soprano that strive to provide needed services like gambling, loan-sharking and prostitution to equate them with an organization that does nothing but sue college students and old people ;)
On a more serious note, it's still a stupid comparison. If you wind up on Tony Soprano's bad side you are going to get beaten up or in the worst case scenario murdered. The worst case scenario from a RIAA lawsuit is that you wind up filing bankruptcy. Bankruptcy != murder, IMHO.
I want peace on earth and goodwill toward man.
We are the United States Government! We don't do that sort of thing.
>>Sorry for the tyopes, I'm posting this from my balckbrery.
Obama, don't you have country to run or something?
your appeal has no chance of success
make your time ...
HA HA HA HA
For great justice indeed.
I'm no fan of the MAFIAA at all... However...
Troll alert.
Ray Beckerman +5 Insightful
Awesome. Do you know if the 2nd Circuit has mp3s available of oral arguments? My quick google search didn't find any. I know other circuits have them available.
No, but you can torrent them. Just be careful that the CSJA (Court System Judges of America) doesn't sue you for copyright infringement. I hear they've got a good legal team...
Write your representatives! Repeal the 2nd Law of Thermodynamics!