Oregon Attorney General And University Of Oregon Tell The RIAA They're Not Its Free Investigators

from the can't-just-push-around-students dept

Earlier this year, the RIAA began to focus many of its file sharing lawsuits on college students. The RIAA incorrectly referred to it as an education campaign, when it might more accurately be described as pissing off the very people the RIAA needs to support any future business model (oops, too late for that). While the RIAA tried to force universities to just hand over the names of those it accused of file sharing, it was nice to see at least a few universities fight back. In most cases, this mean telling the RIAA to shove off, as it wasn't the university's job to help serve legal complaints. Eventually though, when subpoenas came through, most universities would hand over the info. However, it looks like the University of Oregon is taking a stand. Together with the Attorney General of Oregon, they've actually filed a motion to quash the RIAA's attempt to identify students at the school. In other words, they're not just refusing to pass on the info, they're actively pushing back against the RIAA's lawsuit.

Specifically, the Attorney General points out that with just IP addresses, it's basically impossible to identify the students that the RIAA is asking the university to hand over: "Plaintiffs' subpoena is unduly burdensome and overbroad. It seeks information that the university does not readily possess." In order for the university to figure out who was associated with those IPs, it would involve a level of investigation that isn't required (and shouldn't be required) under law. In other words, the university isn't there to be the free investigative arm of the RIAA. It doesn't get to just throw some weak evidence over the wall and tell the university to figure out who's responsible. Either it comes up with a better way to find the information itself, or it should stop filing these lawsuits. It should be interesting to see if this works... and if other universities follow suit.
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Filed Under: colleges, copyright, file sharing, lawsuits, music, oregon, students
Companies: riaa, university of oregon


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  1. identicon
    Hey Max, 3 Nov 2007 @ 6:48am

    Here's a thought

    I'm no legal expert so I don't know if this would work but why not ask the court to require Video Professor to first prove the statements in question are libel/defamatory. If the court finds the statements to be a legally protected expression of opinion, fair use of trademarks, etc. then there is no need to know WHO made those statements.

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