Appeals Court Stays RIAA Subpoena 78
NewYorkCountryLawyer writes "The United States Court of Appeals for the Second Circuit has stepped in and issued a temporary stay of the RIAA's subpoena for the identity of a student at the State University of New York in Albany. The student, 'John Doe #3,' had filed an appeal and motion for stay pending appeal, arguing that the appeal 'raises significant issues, some of first impression' (PDF), such as the standards for the use of ex parte procedures for expedited discovery, the scope of the First Amendment right of anonymity over the internet, the scope of the distribution right in copyright law, and the pleading requirements for infringement of such right."
Poor college kid (Score:5, Funny)
raises significant issues, some of first impression
Translation: I need to buy a suit but don't get paid for 2 weeks.
Re:This could be big (Score:3, Funny)
I'm confused. Are you contesting Douglas Adams' claim that the universe can only contain one principled attorney at a time???
Re:This could be big (Score:5, Funny)
Oh come on Ray, you know you just did it for that sweet Slashdot cred!
Yeah. That's it. The kharma.
Re:This could be big (Score:3, Funny)
http://interviews.slashdot.org/article.pl?sid=06/09/13/1627205 [slashdot.org] There is the interview. It is getting a little old, but you may find it interesting. I see Ray already responded to you.
Gets a little old? I remember it like it was yesterday. The wounds still haven't healed.
Boy Slashdot is a tough town.
Ain't AskSlashdot (Score:2, Funny)
Alright, it's time to shut up with the frigging questions already. Does this look like an AskSlashdot or Ask So-And-So story? No. So ixnay with the on-topic banter already, so the funny yet completely irrelevant posts can get some well deserved mod points. If Taco sees the completely skewed ratio of Funny to Interesting posts for this story he'll have to start deleting crap, and then all your typing will be for naught. I'm already starting to have dirty voyeur feelings like I've hacked into NewYorkCountryLawyer's gmail account. So enough already.
Re:Ain't AskSlashdot (Score:4, Funny)
Alright, it's time to shut up with the frigging questions already. Does this look like an AskSlashdot or Ask So-And-So story? No. So ixnay with the on-topic banter already, so the funny yet completely irrelevant posts can get some well deserved mod points. If Taco sees the completely skewed ratio of Funny to Interesting posts for this story he'll have to start deleting crap, and then all your typing will be for naught. I'm already starting to have dirty voyeur feelings like I've hacked into NewYorkCountryLawyer's gmail account. So enough already.
I think you're wrong about this. If there were a minimum Funny-to-Interesting ratio, I'd have been banned from Slashdot quite a while ago.
Re:This could be big (Score:3, Funny)
"As you have learned in law school, it is of the essence of the American judicial system that BEFORE JUDICIAL ACTION IS TAKEN AGAINST SOMEONE THEY MUST BE GIVEN NOTICE, AND AN OPPORTUNITY TO BE HEARD."
Ray, Ray, Ray .... its only been a few weeks and you seem to have forgotten a key reason why there is no need for these defendants to be heard before a judge.
Come on Ray ... you know the RIAA aren't filing any more lawsuits, right? They told us so!! They just want to uhm ... uhmm .... know who some of their last remaining customers might be, to make nice? ;)
(I could have modded, but all Ray's comments looked to be +5 and no one could give Ray Beckerman more Karma than he has IRL - thanks Ray!)