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Both sides claim victory in OSU music-piracy suit
Tuesday, April 22, 2008 10:36 PM
By Encarnacion Pyle
THE COLUMBUS DISPATCH
A federal magistrate has ruled that eight Ohio State University students can be dropped from a music-piracy lawsuit, but their victory might be short-lived. Magistrate Mark R. Abel of U.S. District Court said Arista Records improperly tried to tie nine students together in one suit because they used OSU's computer network.
The record company, however, can file separate actions against each of the students within 20 days, Abel said. One student remains on the original suit.
He also ruled that Ohio State should name the students accused of illegally trading music, and Arista can move forward with its pretrial investigation.
Attorneys for both sides claimed victory. Each side has until Monday to file any objections.
“It's not exactly a big win, but we're happy with this because it will change the way the Recording Industry Association of America goes after people,” said Mark Kafantaris, who represents two of the Ohio State students.
Jonathan Lamy, a spokesman for the music-company association, said, “We are pleased that the court has allowed this case to move forward and believe that this decision speaks to the clarity of the law and the strength of our cases.”
The trade association can track when songs have been illegally traded on a college's network, but it can't identify the students without the school's help.
In August, the group sent letters to 17 OSU students, threatening to sue if they didn't pay a settlement. The nine students involved in this case didn't respond to the letters, which is why the association said it went to court to get their names.
Abel originally directed Ohio State to name the students, but put that order on hold in November to decide whether it would violate the students' privacy rights.
In the latest ruling, Abel said it is OK for Ohio State to provide names, telephone numbers, e-mail addresses and computer-identification numbers of the students accused of illegally trading music.
OSU officials say they have not seen the ruling or gathered the information for Arista.
epyle@dispatch.com
Both sides claim victory in OSU music-piracy suit
Tuesday, April 22, 2008 10:36 PM
By Encarnacion Pyle
THE COLUMBUS DISPATCH
A federal magistrate has ruled that eight Ohio State University students can be dropped from a music-piracy lawsuit, but their victory might be short-lived. Magistrate Mark R. Abel of U.S. District Court said Arista Records improperly tried to tie nine students together in one suit because they used OSU's computer network.
The record company, however, can file separate actions against each of the students within 20 days, Abel said. One student remains on the original suit.
He also ruled that Ohio State should name the students accused of illegally trading music, and Arista can move forward with its pretrial investigation.
Attorneys for both sides claimed victory. Each side has until Monday to file any objections.
“It's not exactly a big win, but we're happy with this because it will change the way the Recording Industry Association of America goes after people,” said Mark Kafantaris, who represents two of the Ohio State students.
Jonathan Lamy, a spokesman for the music-company association, said, “We are pleased that the court has allowed this case to move forward and believe that this decision speaks to the clarity of the law and the strength of our cases.”
The trade association can track when songs have been illegally traded on a college's network, but it can't identify the students without the school's help.
In August, the group sent letters to 17 OSU students, threatening to sue if they didn't pay a settlement. The nine students involved in this case didn't respond to the letters, which is why the association said it went to court to get their names.
Abel originally directed Ohio State to name the students, but put that order on hold in November to decide whether it would violate the students' privacy rights.
In the latest ruling, Abel said it is OK for Ohio State to provide names, telephone numbers, e-mail addresses and computer-identification numbers of the students accused of illegally trading music.
OSU officials say they have not seen the ruling or gathered the information for Arista.
epyle@dispatch.com
