University Gets Time To Notify Students Before Handing Over Info To The RIAA

from the another-loss-for-the-RIAA dept

Fri, Oct 10th 2008 6:32am — Mike Masnick

It's nice to see the courts finally pushing back on the RIAA's repeated attempts to expand the law to protect its business models and co-opt others into being their private enforcement force. TorrentFreak points us to the news that the University of California, Santa Cruz has won a lawsuit against the RIAA, which allows the university to notify a student and his or her parents with plenty of time, before handing over any info to the RIAA. The idea is that the student and parents should be able to review the info, challenge the subpoena and/or retain a lawyer before things go any further. The ruling is based on a (proper) interpretation of the Family Educational Rights and Privacy Act (FERPA), which prohibits universities from handing over any private info on their students. In the case of a lawful subpoena, they can hand over the info, but first must notify the student and parents, giving them time to sort out the legal issues. It's nice to see more judges recognize that there's more to this than the RIAA screaming fire and demanding every one simply hand over info.

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Filed Under: copyright, lawsuits, privacy, university of california santa cruz
Companies: riaa

25 Comments

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Anonymous Coward, 10 Oct 2008 @ 6:38am

I think it's really great that the RIAA keeps taking hits like this, but are they scoring any wins? I'm afraid we're only getting half the story. I mean, they can't really be continueing this campaign if they've continually failed for five years running, right?
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- hegemon13, 10 Oct 2008 @ 6:59am
  
  Re:
  They HAD one win, but the judge declared a mistrial a few weeks ago. Otherwise, the only "wins" they have are out-of-court settlements.
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eleete, 10 Oct 2008 @ 6:54am

Bigger Checks
Guess this will be the next thing they attack with their lobbyists. They would prefer not to even go through the courts if they had their way. They would just quote some ridiculous sum and the people would buckle from fear alone and pay up. Sounds like a great business model, especially if you have a handful of polluticians in your pocket. Outrageous what our 'representatives' truly represent. Disgusting.
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- Anonymous Coward, 10 Oct 2008 @ 7:21am
  
  Re: Bigger Checks
  Campaign Finance Reform
  [ link to this | view in chronology ]
  - eleete, 10 Oct 2008 @ 9:01am
    
    Re: Re: Bigger Checks
    Hell Yeah !!
    [ link to this | view in chronology ]
Unclemantis, 10 Oct 2008 @ 7:42am

I think the whole this is crazy
The RIAA is waisting so much time and money protecting their business model when they could be using that to update it to work with the times of today and make more money than ever!

I would love to see the demographics of the people that run the RIAA. All I can picture is people in their late 60s, all men and smoking big fat cigars.
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- TPBer, 10 Oct 2008 @ 8:25am
  
  Re: I think the whole this is crazy
  I bet all of their IQ's combined don't even add up to 60.
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NeoConBushSupporters, 10 Oct 2008 @ 7:45am

Finally Education does something smart!
Usually I can’t stand the elitist universities in the United States, all full of bearded hippies spreading their communist propaganda under the guise of education. However, I must admit, I like this move. Anything that sticks it to Nancy Pelosi, Patrick Leahy and their “special interest” friends at the RIAA makes me smile. Of course if Hussein Obama and his cronies at FANNIE and FREDDIE get control of our economy, none of this will matter anyway. Wake up sheeple, it’s gonna take a couple of Mavericks like McCain and Palin, workin’ together, to stand up to the special interests and get our economy back on track.

VOTE McCain 2008 – He will buy your damn house people, what more do you want!
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- Anonymous Coward, 10 Oct 2008 @ 8:56am
  
  Re: Finally Education does something smart!
  Nice troll.
  [ link to this | view in chronology ]
- asdf, 10 Oct 2008 @ 9:50am
  
  Re: Finally Education does something smart!
  I'm going to pretend that this is sarcastic, and you're not really that dumb.
  
  Omg if I here "maverick" or MCcain calls me his "friend" 1 more time, i'm going to punch a cat.
  [ link to this | view in chronology ]
  - asdf, 10 Oct 2008 @ 9:54am
    
    Re: Re: Finally Education does something smart!
    er.... *hear
    
    See, the closer I get to mccain supporters the dumber I get.
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- Anonymous Coward, 10 Oct 2008 @ 10:25am
  
  Re: Finally Education does something smart!
  "Usually I can’t stand the elitist universities in the United States, all full of bearded hippies spreading their communist propaganda under the guise of education."
  
  Well sir, I definitely cant stand political propaganda in the form of words I read on techdirt!
  [ link to this | view in chronology ]
  - NeoConBushSupporter, 10 Oct 2008 @ 10:42am
    
    Re: Re: Finally Education does something smart!
    "Well sir, I definitely cant stand political propaganda in the form of words I read on techdirt!"
    
    Ohhh, I see, just because im an ignorent redneck, I must be a man! . . . . sexist liberals . . . this is why the press is allowed to treat a kind, sweet, innocent mother like Sarah "Barracuda", as if she was just an over enthusiastic slogan spouting mid level HR rep. You people should take a good long look at yourselves . . . something very ugly is going on here.
    
    VOTE McCain 2008 - . . . . MMMAVERICK!!! . . . . .
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    - Anonymous Coward, 10 Oct 2008 @ 11:15am
      
      Re: Re: Re: Finally Education does something smart!
      Its kinda funny, McCain and Bush were both educated at elitist universities so under your rational that means there communists and hippies? Voting for McCain is voting for someone who has no public abilities, and an uncontrollable temper. And just because he used Palin as a ploy to pull woman supporters who were no longer voting for Clinton makes me sick. Consider why anyone would elect a VP who has no experience, especially with someone like McCain who isn't actually in his prime. Just because you believe everything people tell you doesn't make it true..You Hick
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Anonymous Coward, 10 Oct 2008 @ 7:56am

FUCK the RIAA!

Not 1 cent!

VOTE "NO VOTE" : None of them are worth SHIT!
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yamaholic, 10 Oct 2008 @ 8:46am

get with the program...
I have to agree with Unclemantis...I mean come on, who buys CDs anymore? And at 99 cents a song, it would cost almost $30,000(!) to load the new 120gb at any of the online music stores. I wouldn't exactly call that a reasonable alternative to torrents and file sharing....come up with an affordable option already.
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Andy, 10 Oct 2008 @ 9:33am

Also known as...
the opportunity to buy a brand new, clean hard drive, and then accidentally misplace your old, undersized drive, but darn it, it must be around here somewhere.
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Known Coward, 10 Oct 2008 @ 10:23am

University Gets Time To Notify Students
Fuck the RIAA.
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Spdr (profile), 10 Oct 2008 @ 11:20am

Re: Re: Finally Education does something smart!
Thats it here kitty kitty here, BAAM! right on the grill goddamn cat!

Thats for you asdf i agree with you.
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Mike, 10 Oct 2008 @ 11:23am

The second comment... is AWESOME.. ya dont you just love the poeple that run our nation.. HA
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- eleete, 10 Oct 2008 @ 4:37pm
  
  Re:
  Y Thank Ya
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Hypo, 10 Oct 2008 @ 7:22pm

Not quite
Where the story is wrong is "In the case of a lawful subpoena, they can hand over the info, but first must notify the student and parents". Not really. They MUST hand over the info when presented with a subpoena. And if they don't hand over the info by the date stipulated in the subpoena they can and should be held in contempt of court.

If the school wants to notify the student and parents so be it. But wait, as I recall Federal Grand Jury Subpoena are often accompanied with court orders of non-disclosure. If so that would prohibit the school from telling the student or parents.
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- BTR1701, 13 Oct 2008 @ 7:25am
  
  Re: Not quite
  > But wait, as I recall Federal Grand Jury Subpoena are often
  > accompanied with court orders of non-disclosure. If so that
  > would prohibit the school from telling the student or parents.
  
  Not if the law requires them to notify the parents. If a court order conflicts with a statute, the statute wins and the court order fails.
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Fat Man, 11 Oct 2008 @ 6:08am

Possible Kindler, Gentler Approach
Often thought that if the RIAA had any brains, which they have demonstrated time and again they don't, they would enforce their policy on piracy of newer songs only, say those up to 10 years old. As for those older than 10 years, they could host a website offering them for free download. After all if a song hasn't made its bucks in ten years it ain't gonna! But wait, just thought, if such was done what would happen to the K-Tels and Time-Life's of this world. Naw, on second thought, for get my dumb idea!
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jocelyn, 11 Oct 2008 @ 6:09am

let 'em pass on
http://www.filthyrichmond.com/

Dinosaurs, all of 'em!
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