MUSIC FILE-SHARING Colleges call subpoenas illegal



The subpoenas aim to scare consumers away from music file-sharing.
BOSTON (AP) -- Boston College and the Massachusetts Institute of Technology have moved to quash subpoenas seeking the names of students suspected of Internet music piracy, saying they're illegal because they weren't filed properly.
The schools said the subpoenas, issued by the Recording Industry Association of America, didn't allow for adequate time to notify the students, as mandated by the Family Education Rights and Privacy Act.
Boston College spokesman Jack Dunn said Tuesday the school did not object to providing the information.
"We're not trying to protect our students from the consequences of copyright infringement," he said. "Once the subpoenas are properly filed, we will comply with the subpoenas."
Jonathan Lamy, a spokesman for the RIAA, said the association was "disappointed that these universities have chosen to litigate this and thus deny us and other copyright holders the rights so clearly granted by Congress."
Lamy said the association followed federal law when it filed the subpoenas.
Ruling for music companies
This spring, after a challenge by Verizon Communications Inc., a federal judge affirmed the constitutionality of a law allowing music companies to force Internet providers to release the names of suspected music pirates upon subpoena from any federal court clerk's office. Verizon has appealed.
The recording industry association has filed at least 871 subpoenas in U.S. District Court in Washington this month, demanding information from universities and Internet service providers about users of the online file sharing network KaZaA.
It's part of a strategy to jolt Internet music fans to stop file-sharing by pursuing small-time downloaders along with heavier users.
The subpoenas request the names and numbers of one MIT student and three Boston College students who allegedly obtained the music under various screen names.
BC argued in a motion to quash the subpoenas filed Monday that the subpoenas broke federal law because they were served in Boston, more than 100 miles from where they were filed in federal court in Washington D.C.