Wednesday, April 2, 2008

LOCAL HEROES: LAW STUDENTS TAKE ON RIAA

NEW YORK COUNTRY LAWYER, SLASHDOT Remember those pesky student attorneys from the University of Maine School of Law's Cumberland Legal Aid Clinic, who inspired the Magistrate Judge to suggest monetary fines against the RIAA lawyers? Well they're in the RIAA's face once again, and this time they're trying to shut down the RIAA's whole 'discovery' machine: the lawsuits it files against 'John Does' in order to find out their names and addresses. They've gone and filed a Rule 11 motion for sanctions, seeking - among other things - an injunction against all such 'John Doe' cases, arguing that the cases seek to circumvent the Family Educational Rights and Privacy Act which protects student privacy rights, are brought for improper purposes of obtaining discovery, getting publicity, and intimidation, and are in flagrant violation of the joinder rules and numerous court orders. If the injunction is granted, the RIAA will have to go back to the drawing board to find another way of finding out the identities of college students, and the ruling - depending on its reasoning - might even be applicable to the non-college cases involving commercial ISPs.

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