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University Gets Time To Notify Students Before Handing Over Info To The RIAA
from the another-loss-for-the-RIAA dept
It's nice to see the courts finally pushing back on the RIAA's repeated attempts to expand the law to protect its business models and co-opt others into being their private enforcement force. TorrentFreak points us to the news that the University of California, Santa Cruz has won a lawsuit against the RIAA, which allows the university to notify a student and his or her parents with plenty of time, before handing over any info to the RIAA. The idea is that the student and parents should be able to review the info, challenge the subpoena and/or retain a lawyer before things go any further. The ruling is based on a (proper) interpretation of the Family Educational Rights and Privacy Act (FERPA), which prohibits universities from handing over any private info on their students. In the case of a lawful subpoena, they can hand over the info, but first must notify the student and parents, giving them time to sort out the legal issues. It's nice to see more judges recognize that there's more to this than the RIAA screaming fire and demanding every one simply hand over info.
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I think it's really great that the RIAA keeps taking hits like this, but are they scoring any wins? I'm afraid we're only getting half the story. I mean, they can't really be continueing this campaign if they've continually failed for five years running, right?
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Bigger Checks
Guess this will be the next thing they attack with their lobbyists. They would prefer not to even go through the courts if they had their way. They would just quote some ridiculous sum and the people would buckle from fear alone and pay up. Sounds like a great business model, especially if you have a handful of polluticians in your pocket. Outrageous what our 'representatives' truly represent. Disgusting.
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Re:
They HAD one win, but the judge declared a mistrial a few weeks ago. Otherwise, the only "wins" they have are out-of-court settlements.
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Re: Bigger Checks
Campaign Finance Reform
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I think the whole this is crazy
The RIAA is waisting so much time and money protecting their business model when they could be using that to update it to work with the times of today and make more money than ever!
I would love to see the demographics of the people that run the RIAA. All I can picture is people in their late 60s, all men and smoking big fat cigars.
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Finally Education does something smart!
Usually I can’t stand the elitist universities in the United States, all full of bearded hippies spreading their communist propaganda under the guise of education. However, I must admit, I like this move. Anything that sticks it to Nancy Pelosi, Patrick Leahy and their “special interest” friends at the RIAA makes me smile. Of course if Hussein Obama and his cronies at FANNIE and FREDDIE get control of our economy, none of this will matter anyway. Wake up sheeple, it’s gonna take a couple of Mavericks like McCain and Palin, workin’ together, to stand up to the special interests and get our economy back on track.
VOTE McCain 2008 – He will buy your damn house people, what more do you want!
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FUCK the RIAA!
Not 1 cent!
VOTE "NO VOTE" : None of them are worth SHIT!
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Re: I think the whole this is crazy
I bet all of their IQ's combined don't even add up to 60.
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get with the program...
I have to agree with Unclemantis...I mean come on, who buys CDs anymore? And at 99 cents a song, it would cost almost $30,000(!) to load the new 120gb at any of the online music stores. I wouldn't exactly call that a reasonable alternative to torrents and file sharing....come up with an affordable option already.
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Re: Finally Education does something smart!
Nice troll.
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Re: Re: Bigger Checks
Hell Yeah !!
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Also known as...
the opportunity to buy a brand new, clean hard drive, and then accidentally misplace your old, undersized drive, but darn it, it must be around here somewhere.
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Re: Finally Education does something smart!
I'm going to pretend that this is sarcastic, and you're not really that dumb.
Omg if I here "maverick" or MCcain calls me his "friend" 1 more time, i'm going to punch a cat.
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Re: Re: Finally Education does something smart!
er.... *hear
See, the closer I get to mccain supporters the dumber I get.
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University Gets Time To Notify Students
Fuck the RIAA.
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Re: Finally Education does something smart!
"Usually I can’t stand the elitist universities in the United States, all full of bearded hippies spreading their communist propaganda under the guise of education."
Well sir, I definitely cant stand political propaganda in the form of words I read on techdirt!
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Re: Re: Finally Education does something smart!
"Well sir, I definitely cant stand political propaganda in the form of words I read on techdirt!"
Ohhh, I see, just because im an ignorent redneck, I must be a man! . . . . sexist liberals . . . this is why the press is allowed to treat a kind, sweet, innocent mother like Sarah "Barracuda", as if she was just an over enthusiastic slogan spouting mid level HR rep. You people should take a good long look at yourselves . . . something very ugly is going on here.
VOTE McCain 2008 - . . . . MMMAVERICK!!! . . . . .
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Re: Re: Re: Finally Education does something smart!
Its kinda funny, McCain and Bush were both educated at elitist universities so under your rational that means there communists and hippies? Voting for McCain is voting for someone who has no public abilities, and an uncontrollable temper. And just because he used Palin as a ploy to pull woman supporters who were no longer voting for Clinton makes me sick. Consider why anyone would elect a VP who has no experience, especially with someone like McCain who isn't actually in his prime. Just because you believe everything people tell you doesn't make it true..You Hick
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Re: Re: Finally Education does something smart!
Thats it here kitty kitty here, BAAM! right on the grill goddamn cat!
Thats for you asdf i agree with you.
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The second comment... is AWESOME.. ya dont you just love the poeple that run our nation.. HA
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Re:
Y Thank Ya
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Not quite
Where the story is wrong is "In the case of a lawful subpoena, they can hand over the info, but first must notify the student and parents". Not really. They MUST hand over the info when presented with a subpoena. And if they don't hand over the info by the date stipulated in the subpoena they can and should be held in contempt of court.
If the school wants to notify the student and parents so be it. But wait, as I recall Federal Grand Jury Subpoena are often accompanied with court orders of non-disclosure. If so that would prohibit the school from telling the student or parents.
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Possible Kindler, Gentler Approach
Often thought that if the RIAA had any brains, which they have demonstrated time and again they don't, they would enforce their policy on piracy of newer songs only, say those up to 10 years old. As for those older than 10 years, they could host a website offering them for free download. After all if a song hasn't made its bucks in ten years it ain't gonna! But wait, just thought, if such was done what would happen to the K-Tels and Time-Life's of this world. Naw, on second thought, for get my dumb idea!
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let 'em pass on
http://www.filthyrichmond.com/
Dinosaurs, all of 'em!
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Re: Not quite
> But wait, as I recall Federal Grand Jury Subpoena are often
> accompanied with court orders of non-disclosure. If so that
> would prohibit the school from telling the student or parents.
Not if the law requires them to notify the parents. If a court order conflicts with a statute, the statute wins and the court order fails.
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