Wednesday, November 14, 2007

GWU Student Fights Back, Makes Motion to Quash "John Doe" Subpoena in Arista v. Does 1-19 in DC Court

A George Washington University student, known only as "John Doe #3", has made a motion to vacate the RIAA's ex parte discovery order, quash the subpoena issued pursuant to the order, and to dismiss the complaint, in Arista v. Does 1-19, the case which is being handled by Matthew Oppenheim personally in the District of Columbia.

Motion by John Doe #3 to Vacate Ex Parte Order, Quash Subpoena, and Dismiss Complaint*

* Document published online at Internet Law & Regulation

Commentary & discussion:

Ars Technica

Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

1 comment:

Anonymous said...

Hooray for Doe #3. He looks like he has all the bases covered on everything from why the ex parte order should be vacated, how the current case is a sham, to the illegal joinder.

And we get Matthew Jan Oppenheim's business address, and e-mail address, for data mining.

This lawsuit is the product of unsworn and unsubstantiated claims that each Defendant used an online media distribution system to download and/or distribute copyrighted recordings. Plaintiffs do not make any specific allegation that there has been unauthorized copying of music or that music was not lawfully acquired by the Does.

That sums up the lack of a case that the Plaintiffs have as neatly as anything I've yet seen.

I see that the Plantiffs in this case continue to rely on the completely inappropriate Cable Act of 1984. And that use, along with the DMCA, is well refuted here. It leads me to wonder if a person sued individually because his/her ISP did release personal information based on these faulty premises' that the individual couldn't contest at the time, might get their case overturned on the basis of Fruit from the Poisoned Tree that identified them in the first place?