Re: [dvd-discuss] Fraud, Ferpa and the RIAA

["Glendon M. Gross" <gross(at)xinetd.com>]

http://www.latimes.com/business/la-fi-pirate22aug22,1,255212.story?coll=la-home-todays-times

The above article has the following quote in it, which makes the article seem
to me to be almost a paid advertisement
for the "thought police:"


"But John G. Malcolm, deputy assitant attorney general for the Justice
Department's criminal division,
said money wasn't motivating the groups as much as the thrill of the chase.

Malcolm added that cases like Shumaker's would send a message to people who
think piracy is risk-free
fun:  "You  are going to end up with serious jail time."

If there ever was proof that the U.S. Criminal justice system is for sale to
the highest bidder,
this is it.   The title of the article is "Man pleads guilty to web music
bootlegging."

I thought bootlegging was selling a controlled substance.  Hmm...  I wonder
if the company that
owns the LA Times is also vested in the large media outlets...  something
tells me that Times/Mirror
may have bought the LA times recently, if my memory serves me.  I wonder who
owns Trubune, CO.?

Regards,

Glendon Gross
Anti-DMCA advocate


Marcia Wilbur wrote:

> Hi,
>
>  MIT and BC had the subpoenas by the RIAA squashed because of the
> jurisdiction issue, which rendered the filing improper and invalid.
>
> Wouldn't current and future subpoena serving (with the jurisdiction
> issue) be constituted as a DMCA
> violation (knowingly submitting an invalid subpoena) or at least mail
> fraud for knowingly submitting an invalid subpoena that would possibly
> lead to a violation of FERPA (a federal law) by the unsuspecting
> universities? I don't much about mail fraud, but knowingly submitting an
> invalid subpoena, that has to be considered some sort of fraud...
>
> See, if the university releases student info to the RIAA but the subpoenas
> are invalid, the student and parents can turn around and sue the
> university for a violation of FERPA.
>
> This could turn into class action possibly.
>
> Now, since the RIAA is AWARE that the subpoenas are invalid and the RIAA
> continues to submit subpoenas to unsuspecting universities, then would the
> liability fall on the RIAA as well as the university for the FERPA
> violation?
>
> According to FERPA, the subpoenas have to be valid.
>
> -marcia