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: Recording Industry vs The People

2 "John Does" in North Carolina move to strike, submit informal opinon of regulatory body that unlicensed investigation violates law

By Ty Rogers and Ray Beckerman

You may recall a "John Doe" case against 38 different "John Does", LaFace v. Does 1-38, targeting North Carolina State University students, which was dismissed as to all but one of the John Does for misjoinder.

The RIAA commenced separate actions against some of the John Does, and in two of those cases, SONY v. Doe and Warner v. Doe, the defendants have moved to

-dismiss the complaint
-strike the Linares declaration, and
-quash the subpoena.

Among other things, the students' motion papers attach an Informal Opinion of the North Carolina Private Protective Services Board, based upon submitted facts, which states:

we understand that individuals claim to have accessed the hard drives of private citizens to look for music recordings that are being stored. If information is found showing that music is being stored, the individual will then sell that information, along with the internet protocol address, to certain companies that are interested in obtaining that information. The information may then be used as evidence in court. In essence, it appears that individuals may be performing services on a contractual basis to determine the identity, habits, conduct, activity, transactions, or acts of individuals.

If the above information supplied is correct and it is found that the individuals do not hold a private investigators license issued by the Board, it is the opinion of the Board's staff that such activities violate the Private Protective Services Act.

Warner v. Doe Motion to Dismiss, Strike, and Quash*
Brief*
Robertson Affidavit with Exhibit, May 14, 2008, Informal Opinion of North Carolina Private Protective Services Board*
Proposed Stay Order*
SONY v. Doe Motion* (Similar papers filed in support)

* Document published online at Internet Law & Regulation

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Full post as published by Recording Industry vs The People on June 10, 2008 (boomark / email).