Tuesday, January 13, 2009

RIAA withdraws subpoena and discontinues case in Austin, Texas, proceedings targeting Rhode Island students, in Arista Records v. Does 1-22

Rather than proceed further in Austin, Texas, the RIAA withdrew its subpoena directed to Austin-based internet service provider Apogee Telecom, and discontinued its "John Doe" case, in Arista Records v. Does 1-22, a case targeting students at Rhode Island College.

In Arista Records v. Does 1-22, the RIAA brought an ex parte discovery motion in Providence, Rhode Island. The judge granted their order. Because the college was not the ISP, however, and because the ISP was a company located in Austin, Texas, Apogee Telecom Inc., the RIAA was required to go to the Court in Austin, Texas, in order to obtain a subpoena.

Upon receipt of the subpoena, however, Apogee -- instead of complying and turning over the names of the "John Does" -- filed objections to the subpoena.

At that point, the RIAA would have been required to go to court in Austin to obtain a ruling on the objections. (The Austin court is the court which, four years ago, ordered the RIAA to cease and desist from its practice of joining multiple John Does in a single case, a practice which the RIAA continued despite the November, 2004, order, and was using in this very case.)

Instead, the RIAA withdrew the subpoena, and voluntarily dismissed its case.

January 7, 2009, Letter Withdrawing Subpoena
Notice of Dismissal Without Prejudice

Commentary & discussion:

Slashdot
p2pnet.net
Slyck
Austinist





Keywords: lawyer digital copyright law online internet 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 intellectual property portable music player

8 comments:

Alter_Fritz said...

Oops, while the error in the second link is easily spot- (and therefor also cureable)

http://beckermanlegal.com/pdf/?file=/Lawyer_Copyright_Internet_Law/arista_does1-22_090112NoticeDismissal.pdf

it seems the copy you got is not signed yet! The Date field is yellow here and can be filled out!

Oh, and the first link claims as result that your Yahoo Server has no http anymore!
RIAA Sturmtrupps at work?

Ray Beckerman said...

Thanks, Alter_Fritz. I've fixed both links!!! Much appreciated!!!

Albert said...

Do we have any of the Objections around? I would love to read them, and wonder if by any chance one of the objections is that it contained many John Does after being ordered not to file such a case by the Court.....

I wonder if someone can NAIL them with the Court for so clearly violating Court Orders. I have always figured the lack of reported cases in that district had to to with avoidance by the RIAA and their member recording companies.

I also say this: RIAA, how could you do such a DUMB act.......

Albert

Anonymous said...

Albert: The RIAA lawyers are gaming the system. And until fairly recently, quite effectively. That's not dumb, it's just terrible.

elway

Anonymous said...

Ray,

I hope this is getting brought to the attention of the judge.

Would it be proper for us as laypeople to write a letter to bringing this matter to the Courts attention?

kds said...

Anon at January 14, 2009 10:44:00 AM EST

Well, Haven't you read any of the HRO filings where they argue that their clients in their capacity as "legal people" have the constitutionally granted right to petition the government?

So what is good for them, can't be bad for real humans, can it?

If you guys don't spam the chamber of a judge with email(s), but instead write a polite snail mail letter, I would say, why should it not be appropriate to do so?

Something like
Your honorable judge NAME!
It has come to my attention that INCIDENT.
While I'm no party in INCIDENT, I thought non the less that it could be beneficial for your honor if you would take judicial notice of INCIDENT.

Respectfully
AMERICAN LAW ABATING CITIZEN

Anonymous said...

This could make Apogee Telecom Inc. a very popular ISP. Smart universities should be looking for Austin based ISP's as a way to avoid the outrageous legal threats of the RIAA. Maybe then schools could go back to educating our kids.

JoeVet

Anonymous said...

JoeVet: Universities can structure their networks in ways that provide for anonymity whether they use an Austin ISP or not. It's just that most of them don't see much value in it. The classic scenario of university administrators not recognizing students as customers, and thus hurting themselves. -Ty