Category: Music

RIAA told to show cause why .edu subpoenas shouldn’t be quashed

Paul

A federal judge in Washington, DC, has handed the RIAA another setback in its campaign against on-campus file-sharing. In Arista v. Does 1-19, a case brought against 19 George Washington University students by the Big Four record labels, Judge Colleen Kollar-Kotelly has ordered the RIAA to show cause why the ex parte subpoenas issued to GWU shouldn’t be quashed.

Judge Kollar-Kotelly’s order comes in response to a motion filed by Doe number three last week. In that motion, the unnamed student asked the judge to quash the subpoena, arguing that the RIAA was relying on the wrong law to obtain the subpoena, and furthermore, that there was no applicable law that authorized the issue of ex parte subpoenas to colleges and universities.

Oh brother is the RIAA really getting into trouble now. Since they seem to think they have to do it for everyone. I hope the judge does quash this right now. It would be a real victory to defeat the RIAA!

Jammie Appeals, Citing “Excessive” Damages

Paul

Peerless writes “Capitol v. Thomas defendant Jammie Thomas has officially appealed the RIAA’s $222,000 copyright infringement award. She is seeking a retrial to determine the RIAA’s actual damages, arguing that the jury’s award was ‘unconstitutionally excessive’: ‘Thomas would like to see the record companies forced to prove their actual damages due to downloading, a figure that Sony-BMG litigation head Jennifer Pariser testified that her company “had not stopped to calculate.” In her motion, Thomas argues that the labels are contending that their actual damages are in the neighborhood of $20. Barring a new trial over the issue of damages, Thomas would like to see the reward knocked down three significant digits — from $222,000 to $151.20.'”

This should be interesting.