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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Companies: riaa

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Comments on “University Gets Time To Notify Students Before Handing Over Info To The RIAA”

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25 Comments
eleete (user link) says:

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.

Unclemantis says:

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.

NeoConBushSupporters says:

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!

Anonymous Coward says:

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!

NeoConBushSupporter says:

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!!! . . . . .

Anonymous Coward says:

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

yamaholic says:

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.

Hypo says:

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.

Fat Man says:

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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