In a 52-page opinion (pdf) in which the Court balanced First Amendment privacy rights, and the record companies’ rights, the Judge concluded that she could not decide whether or not to quash until she had seen the college’s “Terms of Service Agreement” for internet service, so she could decide what “expectation of privacy” the students had.
So she quashed the subpoena calling for the student identities, and told them they could go ahead with a subpoena just for the terms of service agreement.
Interestingly, in discussing copyright law, the decision, issued on the very same day as Elektra v Barker, came to some of the same conclusions as Barker (such as holding that there is no “making available” right) and some very different conclusions (saying that “publication” and “distribution” are NOT synonyms in the Copyright Act and that there can NOT be a violation of the distribution right without dissemination of actual copies).
In yet another “making available” case, Atlantic v Brennan, where the judge rejected the RIAA’s reasoning, the RIAA has asked for what would be in effect a private meeting with the judge, a status conference to “discuss” the judge’s “questions”; since it’s a default judgment case, no one will be in the room except the RIAA lawyers and the judge.”
Ray Beckerman – Recording Industry vs The People
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