Legal Issues

by Mike Masnick




Judge Tells RIAA They Don't Get To Randomly Hunt Through Everyone's Computers

from the sorry,-no-dice dept

One thing that's become clear in all of the recording industry's lawsuits against file sharers, is they feel they pretty much have free reign in what they should be allowed to do. That's why they originally wanted ISPs to just hand over names without having to file a lawsuit, and why they tend to take a "guilty until proven innocent" point of view. However, it appears some courts are finally pointing out to the RIAA that they don't have the right to do some of these things. The latest example involves one of the lawsuits, where the accused claims she never was involved in file sharing. The RIAA demanded full access to her computer -- which she rightly felt was a violation of her privacy, as there was a lot more on her computer that obviously had nothing to do with the case. A judge has agreed and told the woman she can hire her own forensics expert, and bill the RIAA for any expenses.

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  1. icon
    Gabriel Tane (profile), 20 Mar 2006 @ 9:39am

    Re: Re: Re: The constitution doesn't apply to the

    I think it falls upon the Judges hearing the case to make that call. The appeals process will step in if someone feels the call was bad (that's sure to happen in almost every case). If necissary, it can go all the way to the Supreme Court, which can create a final and binding interpretation of the law in question.

    We're seeing step-one of this already in this case. A judge has made a legal interpretation, as is his job to do so. It'll go along from here, and eventually lodge itself in as a precident... one way or the other.

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