RedjackRyan
06-21-2007, 07:01 AM
Last week, we covered one Boston University student's attempts (http://arstechnica.com/news.ars/post/20070614-boston-u-student-fights-riaa-attempt-to-discover-names-behind-ip-addresses.html) to bar the RIAA from obtaining identifying data from the university via a John Doe lawsuit. It's the RIAA's tactic of choice: file John Doe lawsuits, file ex parte applications for discovery, serve the resulting subpoenas on the alleged file-sharer's ISP to discover the identity of the person to whom the IP address was assigned, and then offer the person fingered by the ISP a chance to settle the copyright infringement claims without a lawsuit. The problem with the approach is that it allows the RIAA to do an end-run around the legal process, as the would-be defendant never gets an opportunity to answer during the John Doe lawsuits and fight the RIAA's subpoenas.
The RIAA has argued that it would suffer irreparable harm unless immediate discovery was allowed, but Judge Garcia didn't find that argument convincing. "While the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian 'suspension of disbelief' to accept that the harm is irreparable, especially when monetary damages can cure any alleged violation," wrote the judge. "On the other hand, the harm related to disclosure of confidential information in a student or faculty member’s Internet files can be equally harmful."
read the whole article at http://arstechnica.com/news.ars/post/20070620-judge-deals-blow-to-riaa-says-students-can-respond-to-john-doe-lawsuit.html
The RIAA has argued that it would suffer irreparable harm unless immediate discovery was allowed, but Judge Garcia didn't find that argument convincing. "While the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian 'suspension of disbelief' to accept that the harm is irreparable, especially when monetary damages can cure any alleged violation," wrote the judge. "On the other hand, the harm related to disclosure of confidential information in a student or faculty member’s Internet files can be equally harmful."
read the whole article at http://arstechnica.com/news.ars/post/20070620-judge-deals-blow-to-riaa-says-students-can-respond-to-john-doe-lawsuit.html