What is Digg?97 Comments
- wertz9080, on 10/10/2007, -5/+77Ironic, RIAA uses illegal methodologies to nab student, student finds loophole to try and avoid illegal probes. *****' love it!
- goldenratiophi, on 10/10/2007, -3/+49I hope this kid wins. RIAA's losses are becoming more and more frequent, and if this trend continues long enough, someday they won't be able to afford these suits.
*crosses fingers* - jcims, on 10/10/2007, -1/+32Good luck, but:
http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
"Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
* School officials with legitimate educational interest;
* Other schools to which a student is transferring;
* Specified officials for audit or evaluation purposes;
* Appropriate parties in connection with financial aid to a student;
* Organizations conducting certain studies for or on behalf of the school;
* Accrediting organizations;
* To comply with a judicial order or lawfully issued subpoena;
* Appropriate officials in cases of health and safety emergencies; and
* State and local authorities, within a juvenile justice system, pursuant to specific State law." - theNazz, on 10/10/2007, -1/+31Why are we worried about federal privacy laws? According to our elected officials, we have no right to privacy because we might be 'plotting terror' or downloading the latest ***** movie. When did movies, TV, music, and other forms of media obtain more rights than 'the people'?
- kurupttek, on 10/10/2007, -4/+29***** the RIAA
RIAA - maeon3, on 10/10/2007, -4/+22War on Information/file sharing! War on Drugs! War on Terrorism! When are people going to realize that these "Wars" are hurting everyone except the fat cats profiteering from the implementation of said wars?
- chuckstab, on 10/10/2007, -0/+14It's depressing what a valid point that is.
- locojones, on 10/10/2007, -2/+11I ***** love it that you're so ***** retarded. I don't even work for the RIAA, but if they want to pay me by the hour, I'll do there work for them. Here you go:
20 USC 1232g --
(b) (2) No funds shall be made available under any applicable program to any educational agency or institution which has a policy or practice of releasing, or providing access to, any personally identifiable information in education records other than directory information, or as is permitted under paragraph (1) of this subsection, unless—
...
(B) ... such information is furnished in compliance with judicial order, or pursuant to any lawfully issued subpoena, upon condition that parents and the students are notified of all such orders or subpoenas in advance of the compliance therewith by the educational institution or agency.
Result: Motion to quash, DENIED. - sctwp09, on 10/10/2007, -2/+11I dugg you up, even though you'll surely be buried because most of the zealots who blindly attack the every move of the RIAA don't want to hear the truth you're speaking.
- kurttrail, on 10/10/2007, -1/+10You do realize that MOST artists don't own the copyright to their work, right?
- Lyanto, on 10/10/2007, -1/+10Echo...
- adml_shake, on 10/10/2007, -3/+11screw you, fire with fire and all that noise.
- EntropyFan, on 10/10/2007, -1/+9The truly sad part is that both the gov. and the pirates (namely most here) treat the law the same way: ignore it if you don't like it.
Ever copy a DVD? Ever 'share' a CD? Then you treat law the same way as the government; namely something you can just ignore, because you don't like that it puts restrictions on you.
Digg me down for saying the truth. - arbulus, on 10/10/2007, -1/+9echo('***** the RIAA');
- geekee, on 10/10/2007, -2/+10* To comply with a judicial order or lawfully issued subpoena
seems to be the key one here. - blapierre, on 10/10/2007, -3/+10Who uses their NIC's default MAC address anyway? Personally I like to use 000BADA55000.
- kurupttek, on 10/10/2007, -0/+7RIAA
- neutrascrub, on 10/10/2007, -0/+7i'd put "the" in there too
- kingkilr, on 10/10/2007, -2/+999.999% of the population.
- Travelsonic, on 10/10/2007, -0/+7Wrong.
It is illegal to share or distribute copyrighted content without permission from the copyright holders. That means there are a lot of legal images/movies/music/etc, whether copyrighted, creative commons, both, or public domain floating around that would be illegal under your gross generalized lack of understanding. - capiCrimm, on 10/10/2007, -1/+7what ***** loophole? It's not like this is some hidden away niche' law. Both Uni's I went to explained the law -- on day one -- and gave out release forms if kids wanted their parents to be able to look at grades and stuff like that.
- norman619, on 10/10/2007, -0/+5I have a problem with them saying they are owed money per downloaded copy. They can't show howmany times the file was downloaded or even if it was downloaded at all.
- goldenratiophi, on 10/10/2007, -0/+5Echo...
- Piccokuh, on 10/10/2007, -0/+5Several have mentioned that the Federal Education Rights & Privacy Act of 1974 (aka FERPA) does allow schools to disclose student records in the case of lawful subpeona (usually there is a waiting period or similar with notification to the student). However, I have not seen anyone mention "directory information." FERPA permits schools to disclose what they term "Directory Information" without any prior written consent from the student.
Most common directory information:
Name
Address
E-mail
Phone
Photo
Degree/Honors/Awards
Dates of attendance
Date of Birth
There are others, but those are the most commonly requested directory information. Students may request that a school not disclose directory information, but otherwise the school may give that out at their discretion.
Fun fact about FERPA: Schools can't disclose a student's academic information (ie - grades) to the parents unless the student has completed a release (though some schools allow a parent to prove the student's dependence).
As for the article - most of the information mentioned that RIAA wants is directory information, so not law-breaking. I'm not sure how MAC address fits in, though.... - gadgetuk, on 10/10/2007, -0/+5actorboy: Rigghtttt.... so, all the income from the successful cases that the RIAA have pressed have gone to the artists have they? hmm?
- MaxPayne3476, on 10/10/2007, -0/+4Its not the artists that are lightin the bills, its the lawyers of the RIAA cartel
- jmnormand, on 10/10/2007, -0/+4unfortunately if you read the article you would know it was not illegal based on this act as the act has a clause to allow this in cases of judicial order or a subpoena. This act may actutally help in any cases in which the school provided any information to the RIAA with out a court involved.
- kurupttek, on 10/10/2007, -1/+4Echo (echo('***** the RIAA');
- r3zonance, on 10/10/2007, -0/+3Well that is just syntactically wrong :P
- r3zonance, on 10/10/2007, -1/+4If you bother to read the article, and not just the headline, you will see that what the RIAA doing (asking for student's information) would indeed violate the Family Educational Rights and Privacy Act. However, as providing the information is in response to a subpoena, the Family Educational Rights and Privacy Act does not apply.
- kwoff, on 10/10/2007, -1/+3Oh no, he's sharing music! People are going to..... listen to music! Save the children!
What kind of ***** up world is it where sharing music a crime? What is music, after all? - Sogui, on 10/10/2007, -5/+7I hate the RIAA as much as anyone here, but even the article admits that the privacy law makes exceptions for "lawfully issued subpoenas". In regards to the privacy law in question, the RIAA isn't doing anything illegal.
- chiapet, on 10/10/2007, -1/+3Yep and ***** the RIAA
- Atomic1fire, on 10/10/2007, -0/+2*Illegal Media
- Error601, on 10/10/2007, -0/+2Copyrights, are by their nature, not enforceable in educational settings.
Uh, WHAT? - BillyBIanks, on 10/10/2007, -1/+3Any way around it is a great start.
- Error601, on 10/10/2007, -0/+1A couple ad hominems plus a semantic subject change. I guess people that can't earn enough to actually buy the music aren't very bright.
- MellerTime, on 10/10/2007, -0/+1A loud noise?
- yunus, on 10/10/2007, -0/+1whoops wrong comment
- bobcrotch, on 10/10/2007, -1/+2I've been participating in piracy for quite a long time, I know how it works. Not to mention the fact that it could be assumed that easily 90% of torrent traffic is illegal traffic. Honestly what do you download legally other than maybe a world of warcraft patch, or a linux iso? Face it there isn't much. Plus the RIAA isn't going to come after you for free media, why would they? You aren't doing anything wrong.
The bottom line is that piracy, just like smoking pot or speeding in your car is against the law. If you get caught you better be prepared to face the consequences. - atomic21, on 10/10/2007, -0/+1If they didn't want their work "stolen" then maybe they should do something a little more tangible. It is the artist's choice to make movies or music or whatever, when they could just as easily made a living doing something else. Being an artists usually means that you have to take chances, and I guess one of those is whether or not people will download your work for free...
- r3zonance, on 10/10/2007, -1/+2Unless the school is responding to a subpoena, in which case they just have to tell you they are going to release your information, and there isn't a damned thing you can do about it.
- Error601, on 10/10/2007, -0/+1Sorry dude, you can subpoena anything. That's how the legal system works. No secrets allowed in court.
- Lightspeed2, on 10/10/2007, -0/+1Creative people make their money by selling their creations, whether it is music, books or movies, to people who in turn make their living marketing and selling said creations . If you obtain a copy of that work without paying for it, you have stolen it. We all know what stealing is so the debate is over. Just admit you're a thief and move on. If you get caught, accept the consequences and stop whining.
- MellerTime, on 10/10/2007, -0/+1That's alright, no one uses ()s when echo'ing text anyway...
- Tippis, on 10/10/2007, -1/+2"By choice" as in "our way, or stay a garage band for all eternity", yes... Great set of chocies there.
- MellerTime, on 10/10/2007, -0/+1And I think everyone but you understood that's exactly what he was saying, without the 20 word explanation...
- Lightspeed2, on 10/10/2007, -0/+1atomic, that was the worst argument ever. a little more tangible, wow.... you obviously dont understand what a copyright is.
- ThndrShk2k, on 10/10/2007, -1/+2Actorboy:
You do realize that MOST profit artists sees are from concerts, right? - Gutterpunk, on 10/10/2007, -0/+1... said the RIAA payed monitoring firm employee.
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