Login/New-Account | Search | Submit a Story! | Greplaw!??
 
GrepLaw
- About
- FAQ
- Discussions
- Messages
- Topics
- Authors
- Preferences
- Older Stuff
- Past Polls
- Submit Story
- XML/RSS

GrepLaw
This site is a production of the Berkman Center for Internet & Society. Please email if you have questions, contributions, or ideas about improving this site.

F & F
Family

Friends

 
Fighting back against RIAA
posted by shwang on Friday August 22, @08:21AM
from the angry-file-swapper dept.
privacy An anoynymous file swapper recently went to court to challenge RIAA's file-trading subpoenas stating that they are unconstitutional and violate her right to privacy. The file swapper's attorneys are arguing that "RIAA's unconventional subpoena process has violated her rights to due process, privacy and anonymous association, along with her contract with Verizon."

Read more at CNET News.

<  DontBuyMusic.com Sent Cease-and-Desist Letter | Stolen Code Even Belong to SCO?  >

 

 
GrepLaw Login
Nickname:

Password:

[ Create a new account ]

Related Links
  • CNET News.
  • More on privacy
  • Also by shwang
    •

    This discussion has been archived. No new comments can be posted.
    Fighting back against RIAA | Login/Create an Account | Top | 3 comments | Search Discussion
    Threshold:
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    When? (Score:1)
    by LuYu on Friday August 22, @09:46AM (#1057)
    User #460 Info | http://grep.law.harvard.edu/

    It is about time!

    When is this going to become a class action? While we are at it, we should have a class action against SCO, too. :D

    Slashdot [slashdot.org] has this story [slashdot.org] now, too.

    "Anyone who doesn't quote me is paraphrasing."
    Re:When? (Score:1)
    by scubacuda ({scubacuda} {at} {iname.com}) on Friday August 22, @10:04AM (#1058)
    User #483 Info | http://www.greplaw.org/
    IANAL.

    Aren't class actions intended to *save* time? If the idea is to stall the RIAA, wouldn't it be beneficial for everyone to bring these suits individually? (Assuming they had the $ and good counsel, of course)

    There are a thousand forms of subversion, but few can equal the convenience and immediacy of a cream pie. Noel Godin

    Yes and No (Score:3)
    by md on Friday August 22, @10:18AM (#1059)
    User #17 Info | http://www.mcdproductions.com/
    The purpose of a class action is not really to save time, even if it certainly does when compared to having lots of indiviual suits.

    Class actions are intended to allow lots of unconnected people who have been harmed but, in their separate capacities, would not be sufficiently motivated/able to bring suit. By allowing one legal party to represent the rights of a group, it only takes a single (or a few) highly motivated individual to seek redress for ALL the damage related to a particular set of circumstances.

    So, where your aim is largely political, as in going after the RIAA, and if you intend to harm your adversary by inflicting large legal bills upon them, then, yes, it probably would be "better" for everyone to fight individual battles against the RIAA. HOWEVER, I submit that this situation is actually a classic example of the problem that class actions are intended to remedy. The RIAA is picking on kids, grandmas, and everday folks who cannot fund a half-million dollar defense fund. The RIAA clearly intends for their enemies to be unable to fight back. And they stand a very good chance of succeeding in this tactic. So, if certified, a class of individuals could be represented by only one attorney (or set of attorneys), who creates only one bill.

    Alas, I believe this case might not be a good candidate for class certification. However, I'll reserve judgement on that until more is known about the parties that the RIAA has gone after.

    It is quite heartening to see someone who is able to fight back. If they are not, groups like the EFF and the Stanford and Harvard Cyberlaw clinics should be representing individuals like this.

    Humanity has the stars in its future, and that future is too important to be lost under the burden of juvenile folly and ignorant superstition. - Isaac Asimov

    [ home | contribute story | older articles | past polls | faq | authors | preferences ]