Judge Deals Significant Blow To RIAA In File-Sharing Case

[DudeAsInCool]

Ars Technica reports that "A federal judge in New Mexico has put the brakes on the RIAA's lawsuit train, at least in the US District Court for New Mexico. The case in question is part of the RIAA's campaign against file-sharing on college campuses and names "Does 1-16," who allegedly engaged in copyright infringement using the University of New Mexico's network. In a ruling issued last month but disclosed today by file-sharing attorney Ray Beckerman, Judge Lorenzo F. Garcia denied the RIAA's motion to engage in discovery. This means that the RIAA will not be able to easily get subpoenas to obtain identifying information from the University.

The RIAA has argued that it would suffer irreparable harm unless immediate discovery was allowed, but Judge Garcia didn't find that argument convincing. "While the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian 'suspension of disbelief' to accept that the harm is irreparable, especially when monetary damages can cure any alleged violation," wrote the judge. "On the other hand, the harm related to disclosure of confidential information in a student or faculty member’s Internet files can be equally harmful."

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In effect, "the judge has ordered the record labels and the University of New Mexico to work out an "appropriate process" to ensure that individual Does will be informed that a subpoena has been issued", exactly what the RIAA doesn't want...this means they will have to spend more money on a case-by-case basis, as opposed to sweeping individuals in a net.

[slum_goddess]

The RIAA has argued that it would suffer irreparable harm unless immediate discovery was allowed, but Judge Garcia didn't find that argument convincing. "While the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian 'suspension of disbelief' to accept that the harm is irreparable, especially when monetary damages can cure any alleged violation," wrote the judge. "On the other hand, the harm related to disclosure of confidential information in a student or faculty member’s Internet files can be equally harmful."

hahahahaha, fuck the RIAA. 'irreparable harm' my fat ass. :)

[rainbowdemon]

hahahahaha, fuck the RIAA. 'irreparable harm' my fat ass. :)

That one cracked me up too.

And I never thought your ass was fat!!