In Arista Records v. Does 1-16, a case targeting students at the State University of New York in Albany, John Doe #3 has filed papers seeking to overturn the decision of the Magistrate Judge denying his motion to quash and to vacate.
Declaration of Richard A. Altman and Objections
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
Tuesday, March 03, 2009
SUNY Albany "John Doe" objects to Magistrate Judge's order and seeks quashing of RIAA subpoena for his or her identity
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An IP address is a “number that uniquely identifies each computer on the Internet. A computer’s IP address may be permanently assigned or supplied each time that it connects to the Internet by an Internet service provider.”
This is flat-out wrong. Oh each computer must have a unique IP address, but that IP address is NOT NECESSAIRLY the IP address shown on the Internet. Using a cheap home router dozens of separate computers MAY ALL PRESENT THE SAME IP address to the Internet. As such a single IP address DOES NOT identify a single computer on the Internet. I do wish lawyers would get this straight about how NAT (Network Address Translation) works.
All this means is that the RIAA's case against individual filesharers based in IP identification is even weaker than stated.
No one should be subject to a potentially invasive subpoena and disclosure of personal information unless it is absolutely certain that such person is an actual defendant against whom a plaintiff has a claim.
The Common Man recognizes Common Sense when he sees it so clearly presented.
The Order demonstrates a disturbing pattern of stating as fact what has only been alleged, and bias against the defendants.
This man has observed that this has often been the flawed pattern of Magistrate Judges in these matters.
the Court is not supposed to make decisions based upon whether it facilitates any litigant’s ability to proceed with its claims.
Another axiom of Common Sense.
{The Common Man Speaking}
Anonymous, you should check out the report that Jammie Thomas expert witness filed... in regards to your statements on IP addresses. It's entirely possible that two computers could have the same IP at the same time, and that it could be done by somebody with malicious intent.
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