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.

25 Comments | Leave a Comment..


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  1.  
    identicon
    Anonymous Coward, Oct 10th, 2008 @ 6:38am

    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?

    reply to this | link to this | view in thread ]

  2.  

    Bigger Checks

    identicon
    eleete, Oct 10th, 2008 @ 6:54am

    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.

    reply to this | link to this | view in thread ]

  3.  

    Re:

    identicon
    hegemon13, Oct 10th, 2008 @ 6:59am

    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.

    reply to this | link to this | view in thread ]

  4.  

    Re: Bigger Checks

    identicon
    Anonymous Coward, Oct 10th, 2008 @ 7:21am

    Campaign Finance Reform

    reply to this | link to this | view in thread ]

  5.  

    I think the whole this is crazy

    identicon
    Unclemantis, Oct 10th, 2008 @ 7:42am

    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.

    reply to this | link to this | view in thread ]

  6.  

    Finally Education does something smart!

    identicon
    NeoConBushSupporters, Oct 10th, 2008 @ 7:45am

    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!

    reply to this | link to this | view in thread ]

  7.  
    identicon
    Anonymous Coward, Oct 10th, 2008 @ 7:56am

    FUCK the RIAA!

    Not 1 cent!

    VOTE "NO VOTE" : None of them are worth SHIT!

    reply to this | link to this | view in thread ]

  8.  

    Re: I think the whole this is crazy

    identicon
    TPBer, Oct 10th, 2008 @ 8:25am

    I bet all of their IQ's combined don't even add up to 60.

    reply to this | link to this | view in thread ]

  9.  

    get with the program...

    identicon
    yamaholic, Oct 10th, 2008 @ 8:46am

    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.

    reply to this | link to this | view in thread ]

  10.  

    Re: Finally Education does something smart!

    identicon
    Anonymous Coward, Oct 10th, 2008 @ 8:56am

    Nice troll.

    reply to this | link to this | view in thread ]

  11.  

    Re: Re: Bigger Checks

    identicon
    eleete, Oct 10th, 2008 @ 9:01am

    Hell Yeah !!

    reply to this | link to this | view in thread ]

  12.  

    Also known as...

    identicon
    Andy, Oct 10th, 2008 @ 9:33am

    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.

    reply to this | link to this | view in thread ]

  13.  

    Re: Finally Education does something smart!

    identicon
    asdf, Oct 10th, 2008 @ 9:50am

    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.

    reply to this | link to this | view in thread ]

  14.  

    Re: Re: Finally Education does something smart!

    identicon
    asdf, Oct 10th, 2008 @ 9:54am

    er.... *hear


    See, the closer I get to mccain supporters the dumber I get.

    reply to this | link to this | view in thread ]

  15.  

    University Gets Time To Notify Students

    identicon
    Known Coward, Oct 10th, 2008 @ 10:23am

    Fuck the RIAA.

    reply to this | link to this | view in thread ]

  16.  

    Re: Finally Education does something smart!

    identicon
    Anonymous Coward, Oct 10th, 2008 @ 10:25am

    "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!

    reply to this | link to this | view in thread ]

  17.  

    Re: Re: Finally Education does something smart!

    identicon
    NeoConBushSupporter, Oct 10th, 2008 @ 10:42am

    "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!!! . . . . .

    reply to this | link to this | view in thread ]

  18.  

    Re: Re: Re: Finally Education does something smart!

    identicon
    Anonymous Coward, Oct 10th, 2008 @ 11:15am

    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

    reply to this | link to this | view in thread ]

  19.  

    Re: Re: Finally Education does something smart!

    icon
    Spdr (profile), Oct 10th, 2008 @ 11:20am

    Thats it here kitty kitty here, BAAM! right on the grill goddamn cat!

    Thats for you asdf i agree with you.

    reply to this | link to this | view in thread ]

  20.  
    identicon
    Mike, Oct 10th, 2008 @ 11:23am

    The second comment... is AWESOME.. ya dont you just love the poeple that run our nation.. HA

    reply to this | link to this | view in thread ]

  21.  

    Re:

    identicon
    eleete, Oct 10th, 2008 @ 4:37pm

    Y Thank Ya

    reply to this | link to this | view in thread ]

  22.  

    Not quite

    identicon
    Hypo, Oct 10th, 2008 @ 7:22pm

    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.

    reply to this | link to this | view in thread ]

  23.  

    Possible Kindler, Gentler Approach

    identicon
    Fat Man, Oct 11th, 2008 @ 6:08am

    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!

    reply to this | link to this | view in thread ]

  24.  

    let 'em pass on

    identicon
    jocelyn, Oct 11th, 2008 @ 6:09am

    http://www.filthyrichmond.com/

    Dinosaurs, all of 'em!

    reply to this | link to this | view in thread ]

  25.  

    Re: Not quite

    identicon
    BTR1701, Oct 13th, 2008 @ 7:25am

    > 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.

    reply to this | link to this | view in thread ]


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