AfterDawn: News

RIAA may not have authority for university subpoenas

The RIAA's power to issue subpoenas identifying college students in file sharing cases may have been dealt a major setback when a Federal judge ruled that the Cable Communications Policy Act (CCPA), which RIAA lawyers rely on to subpoena network user identities, doesn't apply to universities.

Now Judge Kollar-Kotelly in Washington D.C. has ordered RIAA lawyers to explain why subpoenas gotten under the authority of the CCPA shouldn't be thrown out. The order comes after one of the George Washington University students the RIAA is suing filed a motion arguing that there is no law that authorizes the type of subpoenas used by the RIAA.



While the judge who made the original ruling suggested that the DMCA might be another option for suits against students, but since the universities don't qualify as content providers for purposes of DMCA takedown requests, they don't carry any legal liability under that law, and can't be issued takedown requests for P2P traffic moving through their networks.

Source: Ars Technica

Written by: Rich Fiscus @ 20 Nov 2007 11:27

• Previous article

• New music site promises high-def music downloads

• Next article

• Playstation Store now live online

• 20 comments

• 7thsinger

  Ha ha RIAA! Take that you filthy, filthy power mongers!
  
  May that be the first of many setbacks for the RIAA and their "cause."

  20.11.2007 11:47 #1

• LOCOENG

  Hooray for the little guy.

  20.11.2007 11:56 #2

• nobrainer

  Why do they always say, the RIAA why not call them who they are; SONY, UNIVERSAL, WARNER GROUP & EMI, are all suing ppl to death for profit, sony even considers ripping content you own to a portable device stealing!
  

  The BPI Are: SONY, UNIVERSAL, WARNER GROUP, EMI.
  
  The RIAA Soundexchange Are: SONY, UNIVERSAL, WARNER GROUP, EMI.
  
  The MPAA Are: SONY, UNIVERSAL, WARNER GROUP, DISNEY, PARAMOUNT, FOX.

  20.11.2007 12:07 #3

• justme81

  Finally a judge that reads the law!!! not just a rubbber stamp. YES!!!

  20.11.2007 13:21 #4

• DVDdoug

  Originally posted by nobrainer: Why do they always say, the RIAA why not call them who they are; SONY, UNIVERSAL, WARNER GROUP & EMI, are all suing ppl to death for profit, sony even considers ripping content you own to a portable device stealing! Because "RIAA" is on the official court papers. But, you are right... a lot of people don't know who the RIAA are. A lot of people seem to think they are the government, and a lot of other people think they "sell CDs". In fact, it's an organization that represents the music companies... The music companies are members or the RIAA.
  
  And, I'm pretty sure the RIAA is a non-profit organization (helping it's members make a profit.) If that doesn't make sense, you've probably never taken an accounting class...
  
  Quote:...there is no law that authorizes the type of subpoenas used by the RIAAWell, that won't last long. Congress will just make a new law. Congress (and most of the American people*) believe in copyrights, and they don't want to "block" investigations.
  
  * That may not be true of the people here on this forum, and I'm not trying to start an arguement. I'm just saying that we do live in a democracy and if most Americans wanted a free-for-all with no copyrights, we could have it.

  20.11.2007 16:38 #5

• nonoitall

  Ah, democracy! The form of government where any popular misconception can become law!

  20.11.2007 16:48 #6

• markw53

  Hot-Damn!! Thats Great news. About time!

  20.11.2007 18:02 #7

• SamNz

  Originally posted by nonoitall: Ah, democracy! The form of government where any popular misconception can become law!haha so true

  20.11.2007 21:52 #8

• Ballpyhon

  Originally posted by nonoitall: Ah, democracy! The form of government where any popular misconception can become law!I have to correct you on this. we are led to believe that this is a democracy, but in reality we live in a capitalist society masquerading as a democracy. Who influences our government? corporations and industry with their political "donations". do you actually think that the tobacco industry would "donate" large amounts of money to campaigns if the candidates they are "donating" to will pass laws that will reduce the sales of their products. Would the oil industry do the same if the government was actually seeking "alternative fuel"? sorry to get off topic.

  20.11.2007 22:24 #9

• connectr

  to Ballpyhon
  Actually what is really the sorry state of the Capitalist society masquerading as a democracy is how few of the adults of age to vote, ever do so. As contested an election as GW Bush’s was, only 11% of the over 18 were registered and actually voted. It is really a very damning indictment of the American society that so few consider it an earned privilege to actually pay attention to news and vote.

  20.11.2007 22:59 #10

• REAM

  Originally posted by nobrainer: Why do they always say, the RIAA why not call them who they are; SONY, UNIVERSAL, WARNER GROUP & EMI, are all suing ppl to death for profit, sony even considers ripping content you own to a portable device stealing!another lets hate sony post eh?
  
  and FYI, sony has an app with all SE walkman phones with is called dics to phone, which rips a dics, and moves the files to the phone.
  
  theres your theory down the drain.

  21.11.2007 06:54 #11

• maryjayne

  I guess I am going back to college.

  21.11.2007 07:44 #12

• MassiMcK

  Haha...we should all start going back to school, free, fast bandwidth, plus no smelly laywers doing smelly stuff!!!
  
  
  
  _
  

  =]

  21.11.2007 08:11 #13

• spydah

  The judge asked the RIAA what the did the 5 fingers say to the face. SMACK!!!! They deserve this for bending laws and making their own laws.

  21.11.2007 10:46 #14

• MassiMcK

  Originally posted by spydah: The judge asked the RIAA what the did the 5 fingers say to the face. SMACK!!!! They deserve this for bending laws and making their own laws.nice!! lol

  21.11.2007 10:49 #15

• themboots

  Ahhahahaha!
  
  Sweet. In any case, I've been thinking that they wouldn't have anyone left to sue if the students and other downloaders just switched to private and encrypted file-sharing programs such as GigaTribe: http://www.gigatribe.com

  21.11.2007 11:06 #16

• agwild99

  Originally posted by themboots: Ahhahahaha!
  
  Sweet. In any case, I've been thinking that they wouldn't have anyone left to sue if the students and other downloaders just switched to private and encrypted file-sharing programs such as GigaTribe: " target="_blank">http://www.gigatribe.com
  
  They will find a way to either shut this down, or get into it somehow and find the sharers. As we have pointed out here this is a capitalist society and everything has it's price.

  28.11.2007 08:11 #17

• themboots

  Quote:Originally posted by themboots: Ahhahahaha!
  
  Sweet. In any case, I've been thinking that they wouldn't have anyone left to sue if the students and other downloaders just switched to private and encrypted file-sharing programs such as GigaTribe: " target="_blank">http://www.gigatribe.com
  
  They will find a way to either shut this down, or get into it somehow and find the sharers. As we have pointed out here this is a capitalist society and everything has it's price.I know what you're saying, BUT, the whole point of private file sharing is that you're only sharing with people you know, where you have to invite them one by one onto your network, and these networks are often limited to a few dozen users each. And as far as I know, it's legal to share CDs and books with people you know, so I can't understand why private p2p file-sharers would be prosecuted. Besides, the only P2P apps I ever hear about (lawsuit-wise) are Kazaa, eMule, Limewire, etc... The RIAA is far too busy dealing with widespread sharing than a bunch of micro networks of friends swapping in digital format what they can swap in physical format anyways... As true capitalists, the DiaRIAA is better off chasing those who do actual "damage" to their dinosaur business model, not the little guys copying between friends.

  28.11.2007 08:29 #18

• Ballpyhon

  Quote:
  I know what you're saying, BUT, the whole point of private file sharing is that you're only sharing with people you know, where you have to invite them one by one onto your network, and these networks are often limited to a few dozen users each. And as far as I know, it's legal to share CDs and books with people you know, so I can't understand why private p2p file-sharers would be prosecuted. Besides, the only P2P apps I ever hear about (lawsuit-wise) are Kazaa, eMule, Limewire, etc... The RIAA is far too busy dealing with widespread sharing than a bunch of micro networks of friends swapping in digital format what they can swap in physical format anyways... As true capitalists, the DiaRIAA is better off chasing those who do actual "damage" to their dinosaur business model, not the little guys copying between friends.Sharing and copying are two totally different things. you can share a CD physically by loaning it to someone. you are talking about copying it. physically sharing it means there is only one cd, and only one person can have it at a time. copying it means that there are more than one cd and more than one person can have it at a time. this is where they start to cry about it. if there a copy of a cd that is $15.00 (or however much cds cost) they did not get for the cd. when you copy it thousands of times, it is $15.00 times 1000 ($15,000). this has been covered thousands of times already.

  28.11.2007 10:30 #19

• borhan9

  Didn't take them long to get rejected :)

  19.12.2007 18:59 #20