Tuesday, February 12, 2008

Oklahoma State University ordered to show cause why it should not be held in contempt of court for failing to respond to RIAA subpoena

In Arista v. Does 1-11, in response to the RIAA's request for an order to show cause bringing on a motion to compel compliance with its subpoena, the Court has ordered Oklahoma State University to show cause why it should not be held in contempt of Court for failing to respond to the RIAA's subpoena.

February 12, 2008, Order to Show Cause*

* Document published online at Internet Law & Regulation

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Anonymous said...

Since we're all into Showing Cause today, there are a few causes I'd like to see shown:

I'd like the RIAA to Show Cause why they should continue breathing, since they contribute nothing useful here, and only heat up the air for the rest of us.

And the judge to Show Cause on why he could ever possibly feel that the ultimate targets of this investigation lack standing to quash a subpoena aimed at making them victims of the misuse of the judicial machinery of this country.

Also, someone needs to Show Cause on why these subpoenas are even allowed to continue without question given all the questions about the RIAA's joinder, and data gathering methods -- both illegal, and inaccurate, aspects thereof.


Anonymous said...

Maybe they're hoping for a magical civpro + conlaw collateral attack!

"We don't admit that the Federal courts have jurisdiction over a public State university. And even if you do, we're protected by the 10th amendment, because the power to refuse Federal subpoenas is an unenumerated power, so it was reserved to the states! "

Yeah, I know, that's gibberish.

How about this: the Unitary University defense! Since Miers can ignore a Congressional subpoena because the President ordered her not to testify, a State University can ignore a Federal District Court subpoena. Go ahead, find them in contempt. What are you going to do next, tell all the students to stop going to class? Put the University in jail? Order the football team to stop practicing?

Maybe the court can do what Congress did and write a nasty letter to someone. That will show the University who 's in charge.

Igor said...

Well to be honest, they can put the University President in jail...

Anonymous said...

Well to be honest, the president could be impeached...