Will court ruling kill some RIAA school attacks?
p2pnet news view | RIAA News:- It doesn’t look like much, this dry London-Sire Records Inc et al v Does 1-4, Case Number 1:04-cv-12434, filing.
But the implications are staggering.
It reads »»»
Judge Nancy Gertner: Electronic ORDER entered re [223] Letter. The Court treats Boston University’s 9/23/08 Letter [223] as a Motion to Quash and GRANTSn the motion with respect to Doe Defendants # 8, 9, and 14. The University has adequately demonstrated that it is not able to identify the alleged infringers with a reasonable degree of technical certainty. As a result, the Court finds that compliance with the subpoena as to the IP addresses represented by these Defendants would expose innocent parties to intrusive discovery. Accordingly, under the test laid out in its 3/31/08 Order [167], the Court declines to authorize discovery and quashes the subpoena as to Does # 8, 9, and 14.” (Gaudet, Jennifer)
Does this bald statemnent represent the death knell to some, if not all, RIAA’s efforts to use American university staff as copyright cops, funded by taxpayers and school fees meant for student education, to deliver extortion letters on behalf of Vivendi Universal, EMI, Warner Music and Sony BMG and their RIAA?
Judge Nancy Gertner (right) has in the past, “shown marked impatience for Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA (Recording Industry Association of America) ,” p2pnet posted recently, going on:
“Now, ‘In the massive consolidated Boston case, termed London-Sire v. Does 1-4,’ where she’s been presiding over five years of default judgments and forced settlements, ‘we have learned that the Judge held a conference on June 17th covering a number of the cases,’ says Recording Industry vs The People.
RIAA lawyers were there, “but although a few of the defendants were in the courtroom, there were no lawyers representing them,” said RIvTP, going on among remarks made by Gertner was »»»
… counsel representing the record companies have an ethical obligation to fully understand that they are fighting people without lawyers… to understand that the formalities of this are basically bankrupting people, and it’s terribly critical that you stop it …
In the latest development, Gertner has thrown out the RIAA subpoena because Boston University couldn’ t positively identify three of its students.
This suggests any university, or any other entity the Big 4 are trying to terrorise and which can’t absolutely name a potential RIAA victim, may be able to file for Case Dismissed.
The RIAA has snowed many a judge and many a print and electronic mainstream media concern into believing knowing the IP address of a computer alleged to have been used in supposed file sharing activities automatically means the identity of the sharer can be revealed.
That’s nonsense. But the RIAA has been able to use the assertion to devastating effect in its ongoing efforts to pass subpoenas off as successful court cases in its sue ‘em all campaign through which it’s attempting to gain total control of how, and by whom, digital music is distributed online.
Does the Gertner ruling mean those days are over?
“There’s an important lesson to be learned here,” Beckerman says. “If the IT departments of the colleges and universities targeted by the RIAA would be honest, and explain to the Courts the problems with the identification problems, there is a good chance the subpoenas will be vacated.
“Certainly, there is now a judicial precedent for that principle.”
Definitely stay tuned
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p2pnet - Stop ‘bankrupting’ pro se defendants, RIAA told, October 28, 2008
Recording Industry vs The People - Judge Gertner admonishes RIAA lawyers to stop ‘bankrupting’ pro se defendants with ‘formalities’ in Boston consolidated cases, October 28, 2008
Beckerman - Judge quashes Boston University subpoena as to ‘John Does’ whom BU could not identify ‘to reasonable degree of technical certainty’, November 24, 2008
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November 25th, 2008 at 1:07 pm
It is like the Bush administration going after terrorists. They let most of the terrorists and talibans excape into Pakistan and 90% of the guys they caught are inocent bystanders who had nothing to do with either the terrorists El Quada or the taliban! And Ben Laden is still on the lose!
Then they torture these poor guys just like the comunists regime did in the past.
I wonder who are the bad guys! Us or them?
The innocents always get hurt more than the guilty. Who is going to fight for the innocents?
November 25th, 2008 at 1:10 pm
By the way I don’t believe that the downloaders and sharer are guilty of anything just to avoid any confusion about my opinion. If governement fail to protect the citizen someon will and it will hurt really hard.