Jane Doe appeal rejected
p2p news / p2pnet: When 82-year-old Manhattan judge Robert W. Sweet rejected an appeal against an RIAA demand for the identity of a Jane Doe, one of the lawyers acting for her, New York’s Ray Beckerman, appealed.
The original ruling followed arguments by RIAA (Recording Industry Association of America) lawyers that alleged “continuing infringement” from the date of their complaint was enough to keep their ball rolling.
However, Jane Doe’s appeal from Judge Sweet’s handwritten order denying her motion to quash has been dismissed by the United States Court of Appeals for the Second Circuit, says Recording Industry vs The People.
“he Court ruled that the order appealed from comes within none of the exceptions to the general rule that orders enforcing subpoenas are not final and therefore not appealable.
“As one of the attorneys for Jane Doe, I disagree,” Beckerman told p2pnet.
“This was a unique kind of order, in that it was a subpoena to reveal someone’s identity. If it is not appealable by the person whose identity is to be revealed, then it can never be reviewed on appeal.
“I think the appeals court made a mistake, lumping this together with appeals from other types of non-final orders.”
Beckerman says the move for a rehearing is being considered.
Also read:-
handwritten order – RIAA ID case stayed, October 26, 2005
November 28th, 2005 at 5:13 pm
Is this good for Jane Doe? or for the RIAA?
November 28th, 2005 at 6:45 pm
It’s bad for jane doe.
This proves the US. courts have no interest in the privacy of it’s citizens. They are willing to hand out person information on a whim with absolutely no evidence.
November 28th, 2005 at 9:32 pm
It is obvious that the courts are going to make blanket decisions in favor of the RIAA and MPAA. These are cartels that buy judges, politicians, and lawyers with impunity. These cartels want the best their money can buy in the hope of intimidating filesharers. These cartels will get away with installing rootkits on computers with a barely a slap on the wrist.
This is the way decisions in court go: A cartel member gets caught installing malware on your computer – you get a free CD or a discount on your next “purchase.” Now, if you get caught downloading a song illegally, you have to pay the cartel member at least $4000. The cartels are better than you in the eyes of the court system, plain and simple. Do not ever expect this to change in the future unless we kick almost every member of the Democrat-Republican party out of office.
Since people will not be smart enough to vote for alternatives at the ballot box, the next best thing is to set up FreeWan’s or sneakernets. This is what is happening at colleges all around the country. College students are rebelling against the monitoring of their Internet use. For the price of a Wireless hub or router and wireless nic cards for each computer, a relatively secure network can be set up for the sole purpose of filesharing. It is time for we the people to make the cartels, judges, lawyers, police, and legislators afraid of US!!!!
We need to start making merchandise of them as much as they do us. I would personally laugh if I saw almost every bit of personal and private piece of information information about these people posted everywhere on the net. I would like to see their houses ransacked just like they do to ordinary people. I would like to see crackers deplete their bank accounts and buy and sell their personal information just like they do to ordinary people. I have no respect for organized criminals operating under the color of law.