A North Carolina judge has decided it’s time to take a "fresh look" at the RIAA’s subpoena process as it pertains to a handful of North Carolina State University students, Ars Technica reports. Arguably the most powerful weapon in the RIAA’s legal arsenal is the John Doe lawsuit. It allows the record labels to file lawsuits, subpoena internet providers, find the names and address of the account holders, and dismiss the case–all without the RIAA’s targets ever knowing about it. Critics of the practice refer to it as doing an end run around the legal system, and now one North Carolina State defendant has moved to dismiss the lawsuit and strike a boilerplate affidavit used by the RIAA in all of its lawsuits. The affidavit in question is provided by Carlos Linares, a VP for legal affairs at the RIAA. In it, Linares swears to have "personal knowledge of the facts alleged," but the defendant’s attorney points out that the evidence provided in the original complaint was captured by MediaSentry and argues that Linares’ affidavit is therefore false, because he has no "personal" knowledge of the alleged infringement. The Doe’s attorney also questions whether MediaSentry should be licensed as a private investigator in North Carolina, an issue that has also come up in other jurisdictions. These and other issues have led Judge Louise W. Flanagan to conclude that it’s time to start from scratch in the case of the North Carolina State Doe defendants…

Click here for the full story

About the Author:

eSchool News