Monday, December 31, 2007

In the Fight Over Piracy, a Rare Stand for Privacy

The University of Oregon takes a stand for student privacy rights. Way to go!
The record industry got a surprise when it subpoenaed the University of Oregon in September, asking it to identify 17 students who had made available songs from Journey, the Cars, Dire Straits, Sting and Madonna on a file-sharing network.

The surprise was not that 20-year-olds listen to Sting. It was that the university fought back.

Represented by the state’s attorney general, Hardy Myers, the university filed a blistering motion to quash the subpoena, accusing the industry of misleading the judge, violating student privacy laws and engaging in questionable investigative practices. Cary Sherman, the president of the Recording Industry Association of America, said the industry had seen “a lot of crazy stuff” filed in response to its lawsuits and subpoenas. “But coming from the office of an attorney general of a state?” Mr. Sherman asked, incredulous. “We found it really surprising and disappointing.”
The article goes on to note that while stealing music is indeed wrong, so are the strongarm, and extra-legal, tactics of the RIAA that tries to intimidate and bully institutions like U of Oregon into releasing private information.
“Certainly it is appropriate for victims of copyright infringement to lawfully pursue statutory remedies,” Mr. Myers wrote last month. “However, that pursuit must be tempered by basic notions of privacy and due process.”

“The larger issue,” Mr. Myers said, “is whether plaintiffs’ investigative and litigation strategies are appropriate.”
In the Fight Over Piracy, a Rare Stand for Privacy - New York Times