We have learned from The Post in Athens, Ohio, that an Ohio University student had made a motion to quash the RIAA's subpoena, back in July, and that his motion was just denied, in a decision finding that "the University maintains the log files containing the subscriber activities for only a limited time period". The name of the case is Arista v. Does 1-15, in the Southern District of Ohio, Eastern division, located in Columbus.
[Ed. note. This motion had not been on our radar. We learned about it from The Post. We are surprised at the Court's finding that the University would only maintain the records for a limited time and would then discard them, as we do not believe there is any evidence in the record supporting that finding, or that the University was asked whether it would agree to maintain the records long enough to afford prior notice and an opportunity to be heard to the affected students.]
[Ed. note. Ohio University has since gotten the RIAA to back off by paying $60,000, plus $16,000 per year "maintenance", to Audible Magic, the 'business partner' of the company part owned by the RIAA's "expert", Dr. Doug Jacobson.]
Motion to quash*
November 5, 2007, Decision of Magistrate Judge Denying Motion to quash*
* Document published online at Internet Law & Regulation
Commentary & discussion:
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