Ohio U. should do some research on RIAA tactics—and court rebu...

The school, a major target of RIAA pre-suit settlement offers, drew House Judiciary and Education committees’ attention (WID May 3 p9). It said recently that campus P2P sharing had ended, thanks to its new policy of cutting Internet access to computers found using common P2P applications (WID May 17 8). RIAA recently filed 2 complaints against John Doe defendants traced to Ohio U. dorm networks, in one case serving an ex parte subpoena to the school, according to Hazelbaker, who said he represents defendants in at least one of those cases. RIAA may not have authority to issue one complaint against multiple John Does accused of “separate and distinct acts,” due to a 2004 U.S. Dist. Court, Austin, Tex., order against recording industry use of that practice, he said. RIAA’s subpoena may be premature, lacks backup evidence and hasn’t been brought to the attention of U.S. Dist. Court, Columbus, the local court, Hazelbaker said. The Family Educational Rights & Privacy Act exception for “lawfully issued” subpoenas “should not be assumed to apply in this instance.” Ohio U. should fight the subpoena before “compromising student private information,” he said, not “simply act as an open conduit for the special interest RIAA.” Hazelbaker warned the school will “ultimately be responsible should confidential information be prematurely and/or improperly disclosed.” RIAA couldn’t be reached to comment on the Austin decision’s germaneness to its litigation strategy.