Copyright Law

RIAA withdraws subpoena and discontinues case in Austin, Texas, proceedings targeting Rhode Island students, in Arista Records v. Does 1-22

By Ty Rogers and Ray Beckerman

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 the College of Rhode Island.

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.

January 7, 2009, Letter Withdrawing Subpoena
Notice of Dismissal Without Prejudice

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Full post as published by Recording Industry vs The People on January 13, 2009 (boomark / email).