p2pnet - rss feed: Maine students target RIAA ‘discovery’ machine
p2pnet news | RIAA News:- Dear, dear. More problems for the RIAA
“A student law clinic is about to cause a revolution in the P2P filesharing war launched by Warner Music, EMI, Vivendi Universal and Sony BMG,” p2pnet posted in December, 2007.
We went on >>>
In what’s probably a world’s first, not lawyers, but student attorneys at the University of Maine School of Law’s Cumberland Legal Aid Clinic have themselves taken up the fight on behalf of fellow students.
Hannah Ames and Lisa Chmelecki from the Cumberland clinic are now officially representing two Maine students.
Ames and Chmelecki are being guided by clinic director and U of M assistant professor Deirdre Smith.
Smith told p2pnet readers what it was all about, and now the students are at it again, only this time, “they’re trying to shut down the RIAA’s whole ‘discovery’ machine: the lawsuits it files against ‘John Does’ in order to find out their names and addresses,” says Recording Industry vs The People’s Ray Beckerman, going on:
“They’ve gone and filed a Rule 11 motion for sanctions (PDF), seeking - among other things - an injunction against all such ‘John Doe’ cases, arguing that the cases seek to circumvent the Family Educational Rights and Privacy Act which protects student privacy rights, are brought for improper purposes of obtaining discovery, getting publicity, and intimidation, and are in flagrant violation of the joinder rules and numerous court orders.
“If the injunction is granted, the RIAA will have to go back to the drawing board to find another way of finding out the identities of college students, and the ruling - depending on its reasoning - might even be applicable to the non-college cases involving commercial ISPs.”
What is the world coming to?
Students helping students while Warner Music, EMI, Vivendi Universal and Sony BMG and their RIAA (Recording Industry Association of America) try to nail them to the wall?
Tsk tsk.
The Cumberland Legal Aid Clinic has, says Beckerman, filed a Rule 11 motion based on:
- The RIAA’s use of the ex parte “John Doe” procedure to circumvent student privacy right under the Family Educational Rights and Privacy Act, 20 U.S.C. §1232g(b)(2)(B) (commonly referred to under acronym “FERPA”);
- The RIAA’s commencement of the proceedings for improper purposes, such as obtaining discovery, getting publicity, and intimidating people in order to extract settlements; and
- The RIAA’s continuation of its illegal joinder practices in the “John Doe” cases.
The motion seeks:
- An injunction against the practice of bringing the “John Doe” actions;
- Monetary fines; and
- Dismissal with prejudice of Arista v. Does 1-27.
Definitely stay tuned.
p2pnet - Student lawyers act for students in RIAA case, December 22, 2007
what it was all - Maine law students vs the RIAADecember 28, 2007
Recording Industry vs The People - University of Maine School of Law’s legal aid clinic seeks injunction against all RIAA “John Doe” proceedings, April 1, 2008
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April 4th, 2008 at 2:15 pm
IF for some reason the RIAA wins on this, I am wondering if the Universities can charge a fee for each disclosed name since they have to spend time and money in sifting through data. Since the RIAA can claim a huge settlement for $8 worth of damage, how much can the universty charge per name? A Million per name might be enough of a charge to dissuade the RIAA to not use the colleges as copyright cops.
April 6th, 2008 at 12:18 am
Good idea. I hope the law students do their part