Comments on: University of Oregon Stands up to Record Labels http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html Musings of a techie lawyer Thu, 09 Feb 2012 00:58:54 +0000 http://wordpress.org/?v=2.7-bleeding By: Univ. of Oregon stands up to the RIAA « Jonathan Rogers’s Blog http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2337 Univ. of Oregon stands up to the RIAA « Jonathan Rogers’s Blog Sat, 17 Nov 2007 01:57:33 +0000 http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2337 [...] Univ. of Oregon stands up to the RIAA 16 11 2007 The RIAA has been contact colleges with a list of IP addresses  that they claim are computers downloading music illegally, and asking the school to give them the names of the students back. But Oregon said no. [...] [...] Univ. of Oregon stands up to the RIAA 16 11 2007 The RIAA has been contact colleges with a list of IP addresses  that they claim are computers downloading music illegally, and asking the school to give them the names of the students back. But Oregon said no. [...]

]]> By: Filesharing an US-Hochschulen at FreieNetze http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2276 Filesharing an US-Hochschulen at FreieNetze Mon, 12 Nov 2007 19:36:34 +0000 http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2276 [...] Universität von Oregon hat sich -wie ich meine- aus guten Gründen entschieden, nicht gegen die eigenen Studenten vorzugehen: The university argues in its brief that the subpoena imposes an undue burden on the university [...] [...] Universität von Oregon hat sich -wie ich meine- aus guten Gründen entschieden, nicht gegen die eigenen Studenten vorzugehen: The university argues in its brief that the subpoena imposes an undue burden on the university [...]

]]> By: shouting loudly » U of Oregon Fights RIAA Subpoena http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2233 shouting loudly » U of Oregon Fights RIAA Subpoena Sat, 10 Nov 2007 01:04:59 +0000 http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2233 [...] more from Wendy Seltzer and Ray Beckerman; thanks to the Berkman Buzz email list for the tip. I know this is hardly the [...] [...] more from Wendy Seltzer and Ray Beckerman; thanks to the Berkman Buzz email list for the tip. I know this is hardly the [...]

]]> By: Dwayne Pride http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2230 Dwayne Pride Fri, 09 Nov 2007 23:04:12 +0000 http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2230 It sounds like something to keep an eye on. It sounds like something to keep an eye on.

]]> By: billb http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2196 billb Thu, 08 Nov 2007 13:02:47 +0000 http://wendy.seltzer.org/blog/archives/2007/11/05/university-of-oregon-stands-up-to-record-labels.html#comment-2196 I'm not sure of the rules/laws governing the subpoenas used by the record labels here, but since the subpoena says, essentially, "Identify the person assigned/using/whatever the following IP addresses at the following times...," I think there's a strong possibility that Oregon will fail in its motion. These are only alleged infringers, and Oregon should have no trouble identifying the assignees. This is no different than a subpoena to the telephone company for the owner of a telephone number one alleges is making harassing phone calls (suppose the police/prosecutor aren't interested and a civil suit is required) or one to the DMV that seeks to identify the owner of a car based on license plate in a hit-and-run accident (again, assume no police/prosecutor interest). I'm emphatically against these suits that the RIAA is bringing, but these subpoenas don't seem unreasonable in the aspect that Oregon complains about. However, they may in fact be against the FRCP or the USC since they are part of a single suit brought against multiple defendants who are not alleged to have acted in concert. I’m not sure of the rules/laws governing the subpoenas used by the record labels here, but since the subpoena says, essentially, “Identify the person assigned/using/whatever the following IP addresses at the following times…,” I think there’s a strong possibility that Oregon will fail in its motion. These are only alleged infringers, and Oregon should have no trouble identifying the assignees. This is no different than a subpoena to the telephone company for the owner of a telephone number one alleges is making harassing phone calls (suppose the police/prosecutor aren’t interested and a civil suit is required) or one to the DMV that seeks to identify the owner of a car based on license plate in a hit-and-run accident (again, assume no police/prosecutor interest).

I’m emphatically against these suits that the RIAA is bringing, but these subpoenas don’t seem unreasonable in the aspect that Oregon complains about. However, they may in fact be against the FRCP or the USC since they are part of a single suit brought against multiple defendants who are not alleged to have acted in concert.

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