Appeals Court Stays RIAA Subpoena Vs. Students 266
NewYorkCountryLawyer writes "The procedures used by the RIAA the past 5 years in suing 'John Does' without their knowing about it have never been subjected to scrutiny by an appeals court, since most of the 'John Does' never learn about the 'ex parte' proceeding until it's too late to do anything about it. That is about to change. In Arista Records v. Does 1-16, a case targeting students at the Albany Campus of the State University of New York, the US Court of Appeals for the Second Circuit has decided to put things on hold while it takes a careful look at what transpired in the lower court. The way it came to this is that a few 'John Does' filed a broad-based challenge to a number of the RIAA's procedures, citing the defendant's constitutional rights, the insufficiency of the complaint, the lack of personal jurisdiction over the defendants, improper misjoinder of the defendants, and the RIAA's illegal procurement of its 'evidence' through the use of an unlicensed investigator, MediaSentry. The lower court judges gave short shrift to 'John Doe #3,' but he promptly filed an appeal, and asked for a stay of the subpoena and lower court proceedings during the pendency of the appeal. The RIAA opposed the motion, arguing that John Doe's appeal had no chance of success. The Appeals Court disagreed and granted the motion, freezing the subpoena and putting the entire case on hold until the appeal is finally determined. As one commentator said, 'this news has been a long time coming, but is welcomed.'"
It's about time (Score:2, Interesting)
Re:This is big (Score:5, Interesting)
Is it possible for the RIAA to drop the case in order to stop these proceedings? I know that's a tactic they've used in the past when things didn't go their way. Hopefully, they won't be able to just say "oops, our bad" and stop any investigation into their tactics.
Re:This is big (Score:5, Interesting)
NO CHANCE!?!?! (Score:5, Interesting)
The procedures used by the RIAA the past 5 years in suing 'John Does' without their knowing about it have never been subjected to scrutiny by an appeals court, since most of the 'John Does' never learn about the 'ex parte' proceeding until it's too late to do anything about it.
Wait, I am missing something. In the US doesn't the prosecution have to have a defendent before they can start preceedings? They can investigate all they like but you can't prosecute without a defendent. What someone is going to knock on my door one day and say "BTW you have been found guilty of murder, your trial happened last month, your getting the chair"??
The RIAA opposed the motion, arguing that John Doe's appeal had no chance of success.
I enjoyed this one... "Your honor, don't grant the appeal, they have no chance of winning. It would be silly to even honor their request. BTW, if you do what we say they WILL have no chance of winning and that makes us right, so you need to do as we say because we are right and you would not want to be on the side of wrong, because we are right."
Confused (Score:4, Interesting)
Re:It's about time (Score:2, Interesting)
Or at least their law clerks do...
Re:NO CHANCE!?!?! (Score:5, Interesting)
2. Under American law you are required to give notice, and an opportunity to be heard, PRIOR to the court granting your motion. This has not occurred in the RIAA cases. It has been an ongoing flagrant violation of American law.
What does that mean for past cases that were not settled out of court? Do they get reheard? Do their verdicts get overturned?
It seems to me that if a court is found to have not followed the letter of the law, some action regarding those involved should be taken. It could be a slap on the wrist for the Judge presiding the case, perhaps the lawyers on either side.
Re:This is big (Score:3, Interesting)
Are we allowed to record those proceedings?
Re:Lies, damn lies, statistic, and RIAA motions. (Score:3, Interesting)
Re:Lies, damn lies, statistic, and RIAA motions. (Score:3, Interesting)
They'd have to prove that you changed the MAC address - And the only way to prove that against ISP logs went away when the unique processor serial number that started in the Pentium 3 line disappeared because of privacy concerns.