0 Members and 1 Guest are viewing this topic.
Rather than proceed further in Austin, Texas, the RIAA withdrew its subpoena directed to Austin-based internet service provider Apogee Telecom, and discontinued its "John Doe" case, in Arista Records v. Does 1-22, a case targeting students at Rhode Island College.In Arista Records v. Does 1-22, the RIAA brought an ex parte discovery motion in Providence, Rhode Island. The judge granted their order. Because the college was not the ISP, however, and because the ISP was a company located in Austin, Texas, Apogee Telecom Inc., the RIAA was required to go to the Court in Austin, Texas, in order to obtain a subpoena. Upon receipt of the subpoena, however, Apogee -- instead of complying and turning over the names of the "John Does" -- filed objections to the subpoena. At that point, the RIAA would have been required to go to court in Austin to obtain a ruling on the objections. (The Austin court is the court which, four years ago, ordered the RIAA to cease and desist from its practice of joining multiple John Does in a single case, a practice which the RIAA continued despite the November, 2004, order, and was using in this very case.)Instead, the RIAA withdrew the subpoena, and voluntarily dismissed its case.