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Court Rejects RIAA Motion against U. of New Mexico

NewYorkCountryLawyer (912032) writes | more than 7 years ago

The Courts

NewYorkCountryLawyer writes "The federal court in New Mexico has rejected the RIAA's ex parte attempt to get information about University of New Mexico students suspected of copyright infringement through P2P filesharing. In his 3-page decision (pdf), Judge Lorenzo F. Garcia held that there was no reason that the proceeding had to be made ex parte rather than on notice to the affected students, and rejected the RIAA's claim that it would suffer "irreparable harm" if the motion were not granted immediately, saying that "it requires a Coleridgian "suspension of disbelief" to accept that the harm is irreparable, especially when monetary damages can cure any alleged violation. On the other hand, the harm related to disclosure of confidential information in a student or faculty member's Internet files can be equally harmful." He ordered the RIAA to meet and confer with the University of New Mexico's lawyers to work out a procedure for giving prior notice both to the university and to the affected students. He further pointed out that under the Federal Rules of Civil Procedure, "ex parte proceedings should be the exception, not the rule"."

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