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[dvd-discuss] Fraud, Ferpa and the RIAA
- To: dvd-discuss(at)eon.law.harvard.edu
- Subject: [dvd-discuss] Fraud, Ferpa and the RIAA
- From: Marcia Wilbur <aicra(at)well.com>
- Date: Wed, 20 Aug 2003 02:38:07 -0700 (PDT)
- In-reply-to: <Pine.LNX.firstname.lastname@example.org>
- Reply-to: dvd-discuss(at)eon.law.harvard.edu
- Sender: owner-dvd-discuss(at)eon.law.harvard.edu
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
According to FERPA, the subpoenas have to be valid.