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Collegiate Resistance To RIAA In Michigan 175

NewYorkCountryLawyer writes "There are now at least three complaints being investigated in Michigan against the RIAA's unlicensed investigator, SafeNet a/k/a MediaSentry, one of which was filed by Central Michigan University itself. Two other complaints have been filed by students, one from Northern Michigan University and one from University of Michigan. This appears to be part of the growing sense of exasperation colleges and universities are feeling over the RIAA's harassment."
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Collegiate Resistance To RIAA In Michigan

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  • RIAA (Score:2, Funny)

    And here I always thought RIAA stood for Really Intelligent American Aliens - imagine that!
  • by d474 ( 695126 ) on Tuesday August 12, 2008 @07:18PM (#24576519)
    The worst defense is a bad offense.
  • Ray,

    Thanks for the updates -- with so little in the way of good things happening on various political and legal fronts, it is great that you spend the time to keep fellow readers informed and encouraged.

    • Re:Yay for Ray! (Score:5, Informative)

      by NewYorkCountryLawyer ( 912032 ) * <{ray} {at} {beckermanlegal.com}> on Tuesday August 12, 2008 @10:56PM (#24578147) Homepage Journal

      Ray, Thanks for the updates -- with so little in the way of good things happening on various political and legal fronts, it is great that you spend the time to keep fellow readers informed and encouraged.

      Thanks, Tasteless. But it's partly self interest. After spending so much time dealing with the RIAA ghouls, I have to have something to look forward to. Dealing with those guys can make you sour on the human race. Slashdot, on the other hand, makes me smile. Sometimes even laugh out loud. This is the fun part of my day.

      • by CDS ( 143158 ) on Wednesday August 13, 2008 @12:49AM (#24578777)

        Slashdot, on the other hand, makes me smile. Sometimes even laugh out loud. This is the fun part of my day.

        I'm not sure whether to say "You're welcome" or "oh I am so sorry to hear that!"

        • On the one side that is amusing (but it must be said that the humor here *is* quite special), on the other side you must be really short of amusing things if Slashdot is your only outlet. There's also YouTube [youtube.com] :-)

          You ought to come down here for a break (he says looking out over the sunlit lake which is full with sailing boats)..

        • Slashdot, on the other hand, makes me smile. Sometimes even laugh out loud. This is the fun part of my day.

          I'm not sure whether to say "You're welcome" or "oh I am so sorry to hear that!"

          You know full well. It's the latter.

      • Mr. Beckerman,

        While I don't think anyone can defend some of the RIAA's tactics, have you ever told any of your clients "well, while they suck, you are committing copyright violation and pirating music"?

        Maybe it's just my jaded view of trial lawyers (and I'm certainly not alone in that), but have you ever actually told your clients "Well, you are breaking the law and taking what you didn't pay for"?

  • by Nom du Keyboard ( 633989 ) on Tuesday August 12, 2008 @07:31PM (#24576633)
    Took them long enough to become exasperated. With the notable exception of Oregon - and even there it took more than one suit to get the State A.G. involved - all of these colleges/universities/bastions of free and open thinking and individual rights have been very slow to fight back against these spurious lawsuits. Too much of a "Not the University's problem" type of thinking on display here.
  • What are the penalties in Michigan for practicing as a private detective? Some states (like Texas [slashdot.org]) have some pretty strict laws regulating this profession.
    • Re:Unlicensed? (Score:5, Informative)

      by 99BottlesOfBeerInMyF ( 813746 ) on Tuesday August 12, 2008 @07:45PM (#24576755)

      What are the penalties in Michigan for practicing as a private detective?

      The law says, "A person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $5,000.00, or both."

      • Re:Unlicensed? (Score:5, Interesting)

        by NewYorkCountryLawyer ( 912032 ) * <{ray} {at} {beckermanlegal.com}> on Tuesday August 12, 2008 @07:48PM (#24576781) Homepage Journal

        What are the penalties in Michigan for practicing as a private detective?

        The law says, "A person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $5,000.00, or both."

        Cool.

        (And I say that at the risk of being modded "Overrated".)

        • Couldn't the people who did this just pin the blame on the RIAA itself and get off scot-free?

          • Couldn't the people who did this just pin the blame on the RIAA itself and get off scot-free?

            No.

            It's not a defense to criminal liability that someone else hired you to commit the crime.

            But the RIAA and its lawyers could be 'aiders and abettors'.

      • Re: (Score:3, Funny)

        by zotz ( 3951 )

        'The law says, "A person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $5,000.00, or both."'

        Seems like the law hasn't kept up with inflation.

        Reminds me of the old joke...

        A guy is found guilty and the judge says the fine is 30 dollars.

        The guy smiles and says "No problem judge, I got that right here in my left pocket."

        The judge says "Well, check your right pocket and see if you have 30 days in there."

        all the best,

        drew

      • by Hao Wu ( 652581 )

        What are the penalties in Michigan for practicing as a private detective?

        The law says, "A person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $5,000.00, or both."

        It's a little bit like stalking isn't it? Maybe this company should face criminal charges for stalking.

        • by mpe ( 36238 )
          It's a little bit like stalking isn't it? Maybe this company should face criminal charges for stalking.

          Until "corporate prisons" exist criminal law is likely to continue to be ineffective against "corporate people".
      • by mpe ( 36238 )
        The law says, "A person violating this section is guilty of a felony punishable by imprisonment for not more than 4 years or by a fine of not more than $5,000.00, or both."

        If corporate "people" could actually be imprisoned this might be of some value.
  • a/k/a? (Score:5, Funny)

    by Tubal-Cain ( 1289912 ) on Tuesday August 12, 2008 @07:39PM (#24576705) Journal

    ...RIAA's unlicensed investigator, SafeNet a/k/a MediaSentry, one of which...

    This is Slashdot. Isn't that supposed to be:

    s/SafeNet/MediaSentry/g

    • Re:a/k/a? (Score:5, Funny)

      by NewYorkCountryLawyer ( 912032 ) * <{ray} {at} {beckermanlegal.com}> on Tuesday August 12, 2008 @07:41PM (#24576723) Homepage Journal

      ...RIAA's unlicensed investigator, SafeNet a/k/a MediaSentry, one of which...

      This is Slashdot. Isn't that supposed to be: s/SafeNet/MediaSentry/g

      Oh I thought this was Billboard. I was trying to say "SafeNet, the criminal formerly known as MediaSentry".

      • I know, I was just trying to make a joke. IIRC, s/*/*/g is the Find/Replace command for ed [wikipedia.org]

        • Re:a/k/a? (Score:5, Funny)

          by NewYorkCountryLawyer ( 912032 ) * <{ray} {at} {beckermanlegal.com}> on Tuesday August 12, 2008 @08:04PM (#24576911) Homepage Journal

          I know, I was just trying to make a joke. IIRC, s/*/*/g is the Find/Replace command for ed [wikipedia.org]

          I knew it was something like that, although I didn't know exactly. I didn't really think this was Billboard, either.

      • Ray, the syntax is s/"stuff i'm looking for"/"stuff to replace it with"/g The s stands for substitute, the g means do it globally in the line. You keep on with the lawyering, we've got your backside on the search and replace regexes. ;-)

  • Too late (Score:2, Informative)

    by areusche ( 1297613 )
    Ithaca College has already bent to the demands of the RIAA. Their administrators will release the information of any student to any organization claiming to be working for them. It's almost embarrassing. I hope this changes. I really do.
  • by dfoulger ( 1044592 ) on Tuesday August 12, 2008 @08:29PM (#24577105) Homepage

    The problem that college CIO's (and CTO's) are describing are, as the "exasperation" article suggests, very much of their own making, but the article, and most likely the information officers themselves, is misstating the origin of the problem, and that may be complicating their legal responses.

    The fundamental problem is that colleges have been hiring the wrong people into CIO/CTO positions and giving them the wrong mission. College CIO's fundamental job is to provide reliable information services on a limited (often far too limited) budget. People are hired into these positions for their willingness and ability to reduce costs while maintaining security and a high quality of service on the campus. In my experience (and I have had a number of them), they are perfectly willing to sacrifice the educational mission of the college and the freedom of educators to accomplish that mission if it will save a few dollars.

    In the early part of this decade the RIAA's tactics worked perfectly with the goal of cost control. Large music and video downloads were overwhelming campus gateways and forcing ever larger expenditures on maintaining them. Blocking the ports most commonly used for music and video downloads was an easy solution to this cost problem, so the RIAA provided an excuse for cutting costs. A series of RIAA initiatives that played to CIO cost cutting and revenue enhancement were all easy to adopt.

    The take down notices were another story. CIO complaints about having to devote personnel to this task started immediately, and it is getting worse as the costs grow. Legal costs are particularly problematic, especially if they get billed to the CIO's budget. With the costs of RIAA enforcement spinning rapidly out of control, CIO's are caught in a difficult trap of their own devising, and complaining that costs are an issue now will not impress judges who see a precedent in prior complience with RIAA demands.

    The only way out of this mess is for colleges to do exactly what one of the judges suggested: to execute take downs without an investigation such that a student can sue the university and the RIAA for a abrogation of their rights, preferably as a class action. The universities could potentially then join the students in suing the RIAA, arguing that the RIAA forced them to abandon due process at the insistence of the courts, largely because Universities can't afford to do the RIAA's investigations for them, but RIAA evidence is often weak and inconsistent.

    I don't know if this can be done (the details of this are a lawyers job to sort out), but I doubt that AG's are going to be able to help much given the precedents that colleges have alredy set for the wrong reasons. An avalanche of investigations forced on the courts might lead the courts to start to set the standards of evidence that the RIAA has to meet before filing a take down to begin with.

    The real problem is that no such standard currently exists.

    The other solution, of course, is legislation. LOL.

    • One of the DMCA's issues is unlike when law enforcement gets a court order for something and you can charge them reasonable fees to provide that as a third party they just expect the ISP's to foot the bill. This makes sense since the media companies bought and paid for that POS legislation.

    • Re: (Score:3, Informative)

      complaining that costs are an issue now will not impress judges who see a precedent in prior complience with RIAA demands.

      Why?
      This precedence is not the legal kind - rulings by other higher courts. It was simply cooperation on the part of the uni's.

      Seems to me that just as strong an argument could be made that in the past the uni's complied with the MAFIAA's requests as (a) a show of good faith and (b) it was inexpensive and feasible to do so. Now that the MAFIAA's demands have become unreasonable and they are taking previous acts of cooperation for granted, the uni's should no longer feel obligated to cooperate.

      Not that I d

    • I don't know if this can be done (the details of this are a lawyers job to sort out), but I doubt that AG's are going to be able to help much given the precedents that colleges have alredy set for the wrong reasons.

      (sneer). That's what happens when you have a primitive law system solely based on precedent. That's not very far above stone age tribes that have "law" based on custom...

  • Short logs (Score:3, Insightful)

    by BPPG ( 1181851 ) <bppg1986@gmail.com> on Tuesday August 12, 2008 @08:35PM (#24577139)

    yesterday there was an article of the EFF website commenting that other colleges (Virginia Tech mentioned) were trying to deflect RIAA harassment [eff.org].

    Formal complaints are much better, but the article did bring up a good point; maybe things would be easier for the campuses that didn't log student's network behaviour, or made logs such that certain behaviours weren't linked to any particular student. Would this be reasonable?

  • Why is everyone backing the college. Clearly the RIAA is acting in a moral way, as evidenced by all the recent court rulings.

  • by cc_pirate ( 82470 ) on Wednesday August 13, 2008 @01:08AM (#24578865)

    All of this is now relatively irrelevant.

    The RIAA and MPAA bought themselves some of our representatives and they have added some Peer to Peer technology restrictions to the requirements that publicly funded colleges will have to abide by in order to get their money. This memo discusses it, but basically they will have to:

    Disclose annually to students that file sharing is bad and illegal
    Certify to the Secretary of Education the school will "effectively combat" copyrighted file sharing
    Offer alternatives to "illegal filesharing"

    Once again our representatives have sold out.

    http://net.educause.edu/ir/library/pdf/epo0815.pdf [educause.edu]

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