Friday, December 14, 2007

Defendant responds to RIAA's response to Order to Show Cause in George Washington University case, Arista v. Does 1-17

In Arista v. Does 1-17, the case targeting George Washington University, defendant John Doe #3 has filed his response to the RIAA's response to the Order to Show Cause issued by Judge Colleen Kollar-Kotelly.

Response to RIAA response*

* Document published online at Internet Law & Regulation

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






4 comments:

Anonymous said...

I very nice, clearly written, argument by the Defense.

Rule 45 does, however, expressly authorize the quashing or modifying a subpoena: “on timely motion the issuing court must quash or modify a subpoena that … subjects a person to undue burden.”

As is pointed out further down, I would have to agree that becoming the target of an RIAA lawsuit merely on the basis of an IP number, a time-stamp, and a screen shot of a file list – a case far to weak to win at trial – is a HUGE burden on any person.

-ADP

maciarc said...

Their fourth reason (final paragraph on p.5 of the pdf... continues on p. 6) seems to me (as a layman) to be a bandwagon to jump on. Apparently, an IP address only identifies an individual when it's convenient to the RIAA labels. Just like the cases are only related when it's to their benefit as well...

Anonymous said...

I find it amazing that any court can possibly grant any of these cases merit when they only have to look at this one finding to see that the RIAA acknowledges that IPs do not identify individuals. Any statements to the contrary by the RIAA is in contradiction of court papers filed in this case.

Does this mean that the RIAA is knowingly making false and misleading statements to the court?

I mean do 2 IP addresses identify 7 individuals or do they identify 2?

DreadWingKnight said...

I mean do 2 IP addresses identify 7 individuals or do they identify 2?

Here's the interesting thing that I've probably mentioned before.

2 IP addresses could potentially identify BILLIONS of people due to Private Network ranges and network address translation.

At one point in the past 7 years, MIT has had more public IP addresses allocated to it than were allocated to all of China. NAT became required to get all the people online that they did.