Oregon AG Seeks to Investigate RIAA Tactics 114
NewYorkCountryLawyer writes "Turning the tables on the RIAA's attempt to subpoena information from the University of Oregon, that state's Attorney General has now filed additional papers to conduct immediate discovery into the RIAA's 'data mining' techniques. These techniques include the use of unlicensed investigators, the turning over of subpoenaed information to collection agencies, and the obtaining of personal information from computers. The AG pointed out (pdf) that 'Because Plaintiffs routinely obtain ex parte discovery in their John Doe infringement suits ... their factual assertions supporting their good cause argument are never challenged by an adverse party and their investigative methods remain free of scrutiny. They often settle their cases quickly before defendants obtain legal representation and begin to conduct discovery.'"
Common Sense!? (Score:5, Insightful)
Can't wait for updates to this one.
Finally ... (Score:2, Insightful)
Re:Common Sense!? (Score:4, Insightful)
One of these things is not like the other, one of these things just...doesn't belong!
Next in Congress... (Score:5, Insightful)
Turn about is fair play (Score:4, Insightful)
They stalled on another case when they were asked to prove their methods. I believe the AG may have something there with investigator license which could turn into criminal charges for maybe both the RIAA and the company they hired to do their dirty work.
Re:Opening the door to counter-suits? (Score:2, Insightful)
Re:This sounds hilarious eh I mean fun (Score:1, Insightful)
Most American universities have named names. The U of O has refused to help the RIAA, and the AG is helping them out. I don't think this filing will have much effect beyond this case.
Oregon is a blue state (Steven Colbert called us "California's Canada").
Re:Finally (Score:3, Insightful)
Real life is much like Dragonball Z, in that way...
Re:This is what has never made sense to me... (Score:5, Insightful)
Re:This is what has never made sense to me... (Score:5, Insightful)
In this case, a number of promising avenues haven't been explored because nobody got good attorneys to bring them up. So the issue gets waived, the court accepts the RIAA's version because it was "undisputed". Recall the RIAA suits have been going on for a number of years, but it was only a couple months ago that this PI licensing issue was even mentioned -- because nobody ever did their homework before.
Re:About time!!!! (Score:5, Insightful)
I think it's likely that file sharing as it exists will die a death in the not too distant future. I also think that's its the reason for most of this draconian crap to start with, we are, as it were, all to blame.
Its very easy to point the finger at the RIAA and blame them. You can indeed get angry at them for their methods, but not their aim, which is to shut down illegal file sharing.
Even if, and I doubt this bit, it is harming the recording industry, who gives a crap. What I'm thinking about is the billions that could be made, boosting the economy, by providing cheap streaming media content. That's what the RIAA should have been concentrating on. I'm astonished that they had all that money, all those lawyers, and they still donkeyed it from day one.
Personally I long for the day when I can dial up the days entertainment on the net and have it delivered to me as and when I want, in the form I want, via a nice fat pipe to my house. I expect to pay for it too. I can't be alone in this thought.
Bah (Score:2, Insightful)
This crap is entirely too complicated.
Let's grab our pitchforks!
Re:Next in Congress... (Score:3, Insightful)
Next in Congress
A bill appointing the RIAA and its investigators as deputy federal marshals.
Though sconeu's comment was humorous, keep in mind that the RIAA is trying to do the equivalent by getting the government to sanction/approve their actions or grant them the power to do such things. That effort is focusing on multiple methods of ensuring it, from (1) granting them immunity from prosecution for using such illegal tactics/abusing the court system and/or (2) making it legal for them to use such methods that would otherwise be considered circumventing due-process and abusing/railroading the legal/justice system.
Sadly, it's only humorous until the RIAA gets something new (and more idiotic) passed by Congress to allow them even greater powers than the ones they are questionably abusing. So, while currently, they stretch (or outright break) various discovery and investigative laws; if they have their way, the laws will be re-written so that is no longer an issue.
I guess the questions that remain are (a) will the RIAA be destroyed before that happens? (b) will the record companies learn that such tactics are hurting their business and costing them money for no rewards (financial or piracy deterrent) or (c) will it soon become a moot point because the RIAA manages to get ridiculous laws passed that allow their current actions - and worse ones?
Re:About time!!!! (Score:3, Insightful)
Why not? Nobody is being hurt. Copyright is actually the curtailing of the public's inherent rights. Government doesn't create rights, it curtails them. I see the need for copyright, the author should be the one to benefit financially from their work as a reward for creating it or incentive to create new works. However there is no harm in one who copies the work without financial reward. Originally the copyright lasted for 14 years, now it lasts for 75 years after the author dies. I am not willing to give up my rights that easily, and you shouldn't be willing to either. I think we need another amendment to the constitution, saying that absent financial motive, the rights of the people to exchange information shall not be infringed.
Re:Common Sense!? (Score:3, Insightful)
Re:About time!!!! (Score:3, Insightful)
>> Is it?
Yeah, pretty much. The whole point of copyright is to enrich the public domain, in fact Jefferson went so far as to call copyright "a loan from the public domain." So yes, copyright is very much a curtailing of the public's rights, with the express expectation that the public would be the ultimate beneficiary from that very explicit tradeoff. The current state of affairs is, I'm afraid, not remotely aligned with the Supreme Law of the Land or the public interest.
Look, I certainly hope your book is successful and that you reap any rewards you are due. However, I hope you can understand that as a member of the general public, it is my expectation that that work should belong to all of us, after you have had a reasonable time to profit from your efforts. Unfortunately, what is reasonable has carried to new levels of absurdity [wikipedia.org] by Congress.
Re:About time!!!! (Score:3, Insightful)
Re:About time!!!! (Score:4, Insightful)