Spring Break
System complies in RIAA court case
UW-Eau Claire legally bound to give up students' names in downloading case
Nathaniel Shuda
Issue date: 5/7/07 Section: Campus News
Six days after the Recording Industry Association of America filed 53 "Doe" subpoenas against the UW System, including 10 against UW-Eau Claire, many are still wondering exactly how the whole process works.
Harry Hertel, an attorney with Legal Services, a program that offers legal counsel to UW-Eau Claire students through the Student Services Commission of Student Senate, said such subpoenas are usually filed during ongoing lawsuits.
In cases where someone has filed a lawsuit but does not know the name of the individual - otherwise known as a "Doe" lawsuit - he or she can subpoena to find out who that person is, Hertel said, explaining in this case, the RIAA knew the students' IP addresses but not their names.
"An attorney can arrange for (the subpoenas) to be made," Hertel said. "Normally, if there is a lawsuit filed, that's all it takes."
The clerk of courts issues the subpoena and a representative of the court serves the internet service provider - in this case, the UW System - which will have to hand over the names or face possible legal action.
After the RIAA filed 53 lawsuits, U.S. District Court Judge John Shabaz ruled April 25 that the UW System would have to comply with any subpoenas, if they were to be filed, therefore requiring the System to release "the names, addresses, telephone addresses, e-mail addresses and Media Access Control addresses" of each individual.
The actual subpoenas, however, didn't come until Tuesday, said Brian Rust, communications manager for UW-Madison's Division of Information Technology.
Hertel said the deadline for cmplying with subpoenas depends on the time specified in each individual document.
"It could be a week to a month or … whatever you put on the subpoena," Hertel said.
Jodi Thesing-Ritter, Associate Dean of Student Development, said Wednesday she would work with the registrar's officer Thursday to notify the 10 students the university would be legally bound to submit their names to the RIAA.
"This is an appropriate legal step," said Kate Dixon, UW System university relations specialist. "We will comply with them."
Harry Hertel, an attorney with Legal Services, a program that offers legal counsel to UW-Eau Claire students through the Student Services Commission of Student Senate, said such subpoenas are usually filed during ongoing lawsuits.
In cases where someone has filed a lawsuit but does not know the name of the individual - otherwise known as a "Doe" lawsuit - he or she can subpoena to find out who that person is, Hertel said, explaining in this case, the RIAA knew the students' IP addresses but not their names.
"An attorney can arrange for (the subpoenas) to be made," Hertel said. "Normally, if there is a lawsuit filed, that's all it takes."
The clerk of courts issues the subpoena and a representative of the court serves the internet service provider - in this case, the UW System - which will have to hand over the names or face possible legal action.
After the RIAA filed 53 lawsuits, U.S. District Court Judge John Shabaz ruled April 25 that the UW System would have to comply with any subpoenas, if they were to be filed, therefore requiring the System to release "the names, addresses, telephone addresses, e-mail addresses and Media Access Control addresses" of each individual.
The actual subpoenas, however, didn't come until Tuesday, said Brian Rust, communications manager for UW-Madison's Division of Information Technology.
Hertel said the deadline for cmplying with subpoenas depends on the time specified in each individual document.
"It could be a week to a month or … whatever you put on the subpoena," Hertel said.
Jodi Thesing-Ritter, Associate Dean of Student Development, said Wednesday she would work with the registrar's officer Thursday to notify the 10 students the university would be legally bound to submit their names to the RIAA.
"This is an appropriate legal step," said Kate Dixon, UW System university relations specialist. "We will comply with them."
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