[1435] in Discussion of MIT-community interests
Re: RIAA Lawsuit
daemon@ATHENA.MIT.EDU (Aaron D. Mihalik)
Sun Aug 10 15:05:40 2003
Date: Sun, 10 Aug 2003 14:43:17 -0400
From: "Aaron D. Mihalik" <mihalik@MIT.EDU>
To: MIT-Talk@MIT.EDU
In-Reply-To: <Pine.GSO.4.55L.0307231704150.7996@rotch-32.mit.edu>
Update:
http://business.boston.com/business/technology/articles/2003/08/08/judge_rejects_subpoenas_in_music_use_case?mode=PF
Judge rejects subpoenas in music-use case
By BIPASHA RAY, Associated Press Writer, 8/8/2003
BOSTON -- A federal judge rejected an attempt by the recording industry to
uncover the names of Boston College and MIT students suspected of online
music piracy.
U.S. District Judge Joseph L. Tauro said Friday that under federal rules,
the subpoenas, which were issued in Washington, cannot be served in
Massachusetts.
The two schools filed motions last month asking the judge to quash the
subpoenas, which request names and other information for one Massachusetts
Institute of Technology student and three BC students who allegedly
obtained music using various screen names.
The Washington-based Recording Industry Association of America issued a
statement calling the ruling a "minor procedural issue."
The ruling "does not change an undeniable fact -- when individuals
distribute music illegally online, they are not anonymous and service
providers must reveal who they are," the RIAA said.
Industry spokesman Jonathan Lamy declined to say whether the RIAA was
planning to refile in Boston.
Phone messages seeking comment from BC, MIT and the schools' attorney,
Jeffrey Swope, were not immediately returned Friday evening.
The subpoenas are part of the RIAA's nationwide effort to crack down on
copyright violators using music sharing software online to distribute songs.
This spring, a federal judge affirmed the constitutionality of a law
allowing music companies to force Internet providers to release the names
of suspected music pirates upon subpoena from any federal court clerk's
office. The ruling has been appealed.
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