While at times we wonder “what the heck was that judge thinking and has he/she lost all common sense?” or “how the heck can that judge pass a decision on something that they don’t have a clue about?” this was not the case in judge Gertner’s decision, who certainly was NOT buying into the RIAA’s spin and BS.
Boston University advised the Court that it could not identify John Does #8, 9, and 14 to a reasonable degree of technical certainty in one of the RIAA’s boilerplate sue-em-all cases, and Judge Nancy Gertner agreed with them, quashing the discovery of their identities and the RIAA’s hopes of an infringing-fishing-expedition.
While at first glance the above news might seem trivial, it’s actually HUGE because it now gives universities another option rather than just bend over and do as the RIAA demands. It sets legal precedent for them to give the RIAA the (middle) finger if they can prove to the next judge that they cannot identify the person/s based on an IP address to a reasonable degree of technical certainty.
As usual, Ray Beckerman’s blog has the skinny on it!
It’s worth noting that this is not the first time judge Gertner has expressed different views as to what the RIAA would prefer, she is aRay lso the person who ruled earlier this year that making files available on P2P networks does not equal copyright infringement and IP addresses cannot always be traced to a particular person with complete certainty.
It almost brings tears to our eyes to see a judge who really “gets it”. You go girl!