July 17, 2007
'John Doe' Subpoenas Hit Another Snag
Just weeks after a New Mexico judge told the Recording Industry Association of America it could not use “John Doe” subpoenas to identify a batch of campus song-swapping suspects, a Virginia judge has followed suit, Ars Technica reports.
Walter D. Kelley Jr., a U.S. District Court judge, ruled that the RIAA has no right to use ex parte discovery tactics — in which John Does are often unaware that they are subpoena subjects — to ascertain the names of seven students at the College of William and Mary.
In doing so, Mr. Kelley took a different tack than did Lorenzo F. Garcia, the New Mexico district-court judge who said the RIAA could not prove it had faced “irreparable harm” from students’ offenses against copyright. Mr. Kelley argued that the industry group incorrectly cited the Cable Communications Policy Act of 1984 — which applies to cable operators, not colleges, he said — as the basis for its John Doe subpoenas. What’s more, according to Mr. Kelley, the act was designed to let only government agencies use ex parte tactics, not to smooth the road for commercial entities.
It’s still too early to tell if the tide is turning against the RIAA’s subpoena strategy: The two district-court decisions cover just a tiny fraction of the trade group’s John Does. But the RIAA can no doubt expect to see more students challenge its ex parte tactics in the future. —Brock Read
Comments
Commenting is closed for this article.
Previous: A New Fellowship for a Media-Studies Guru
Next: Follow the Money
He should be addressed as Judge Kelley, not Mr.Kelley.
— Ray Beckerman Jul 17, 07:03 PM #
Once Mr. Kelley’s title has been identified it does not need to be repeated throughout the story and therefore Mr. Kelley is the appropriate usage.
— Ryan A. Schowen Jul 18, 04:32 PM #