[Cross-posted from
The Penn Observer:]
As part of its annual April Fool's edition, the Daily Pennsylvanian ran the following "joke" about the University handing over the identities of students to the RIAA as part of their steamrolling "John Doe" lawsuit:
Daily Pennsylvanian, April 5, 2004: U. students targeted by RIAA (April Fools' Edition):
The Recording Industry Association of America announced Friday plans for a new round of lawsuits aimed at stopping college students who illegally download and share music files online. Hundreds of Penn students were included in the complaint, which was issued two days ago in Federal District Court. The University apparently voluntarily gave the RIAA a complete list of every student who has listened to an illegal song during their time at Penn. The RIAA has said they will individually sue every person on that list.
Now if you thought that was funny, check out this quote from the Penn General Counsel's office on March 24:
Daily Pennsylvanian, March 24, 2004: Concern over RIAA lawsuits increases across campus
..."over the past few months, we've been getting emails from the RIAA that we may be getting subpoenas," said Robert Terrell, an intellectual property lawyer with Penn's General Counsel. "If the lawsuits are in proper form, Penn will be under legal obligation to hand over the information," Terrell said. "and we will do it."
Not so funny now, is it? Look, the RIAA is trying to roll Universities across the country to turn over the identities of their students in order to "join" them in a mass lawsuit designed to intimidate file-traders. The Penn Observer doesn't condone file-trading and copyright infringement, but as the following letter to Penn's General Counsel outlines, the RIAA's tactics are illegal and have been struck down in court.
[ visit http://pennobserver.blogspot.com for images ]
What the Observer would like to know is, in light of the amicus brief filed by the Electronic Frontier Foundation, and the previous court actions slapping down the RIAA's legal tactics, does Penn intend to roll over and give up their students' rights to Due Process?
Perhaps we should ask them. The Office of the General Counsel may be reached at:
Wendy S. White: Sr. VP and General Counsel: Wendy.white@ogc.upenn.edu
Lee J. Dobkin: Deputy General Counsel: lee.dobkin@ogc.upenn.edu
133 South 36th Street, Suite 300
Philadelphia, PA 19104-3246
Telephone: (215) 746-5200 / Fax: (215) 746-5222