It looks like some students are ready to humble the RIAA litigation machine.
http://www.p2pnet.net/story/17021The RIAA is now on the rampage over at the State University of Albany in New York.
In yet another example of the growing disinclination of students to allow Vivendi Universal, EMI, Warner Music and Sony BMG’s RIAA to extort money under the threat of specious lawsuits, the targets have hired lawyer Richard Altman to have the case thrown out.
Three John Does have teamed up in a motion to quash the RIAA’s subpoena calling for their, and other students’, identities, says Recording Industry vs The People.
In Arista Records . Does 1-16, they’re arguing:
The labels have failed to make a sufficient showing to overcome the defendants’ First Amendment right of anonymity;
* The labels failed to make a showing that the Court would have personal jurisdiction;
* The labels’ case is based on evidence that was illegally procured;
* The rules do not authorize the joinder of the defendants in a single action; and
* The Court should award attorneys fees to defendants.
I am going to enjoy reading what a judge has to say about using illicitly obtained evidence to make fake requests to sue folks, we all know the routine now eh folks drop the suit after you get folks names and bypass due process, lets see this challenged at last.