We have just learned of a motion to quash that was made by a university, in a Huntington, West Virginia, case, Arista v. Does 1-7, in February, and that the motion was denied by the Magistrate Judge yesterday.
The motion was made by Marshall University. It was represented by the Attorney General for the State of West Virginia.
The decision of the Magistrate Judge indicates that he was under the mistaken impression that the RIAA does not plan to sue the individuals identified for copyright infringement.
Since the decision is by a Magistrate, it is appealable to the District Court Judge.
This is only the second instance of which we are aware of a university contesting an RIAA subpoena, the first being the University of Oregon.
Moving memorandum of law*
Movant's reply memo*
RIAA surreply memo*
April 14, 2008, Order of Magistrate Judge denying motion to quash*
* Document published online at Internet Law & Regulation
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