Friday, September 16, 2005

Elektra v. Harless: RIAA Ordered to Comply with Discovery; Held Precluded for Failure to Comply with Discovery

In Elektra v. Harless, a Michigan case, the RIAA was ordered by a federal judge to comply with discovery, and it was held by the judge that the RIAA would be precluding from producing evidence on the subjects on which it had failed to comply with discovery.

The case is Elecktra Entertainment v. John Harless U.S. District Court Eastern District of Michigan Southern Division Case No. 04-cv-74502;Honorable: Bernard Friedman. The RIAA sued Mr. Harless, who had no experience or knowledge of computers. It his possible that his teenage children ages 16 and 14 may have had file sharing accounts. Although no discovery has been taken, the attorney for Mr. Harless, John Hermann of Berkley, Michigan, tried to obtain information from the RIAA as to the basis of its claims.

They resisted each request. Mr. Hermann surmises that the reason for their recalcitrance is that they have no information other than an IP address and account number.

On June 24, 2005, Hon. Donald A. Scheer, the United States Magistrate Judge for the Court, entered an order compelling the RIAA to produce a Media Sentry representative for a deposition as to the pre-suit investigative procedures.

To date, however, they have "dragged their heels and have not complied", reports Mr. Hermann.

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