Wednesday, March 01, 2006

John Doe #48 Moves to Vacate Ex Parte Discovery Order in Motown v. Does 1-99

In Motown v. Does 1-99, pending before Judge Naomi Reice Buchwald in the United States District Court, Southern District of New York, John Doe #48 has moved to vacate the ex parte discovery order obtained by the RIAA.

The judge has stayed the order and any subpoenas which may have been served on Time Warner Cable pursuant to the order, until the motion has been decided. The stay is applicable to all 99 defendants.

John Doe #48 also moved for (a) severence and dismissal of the case as to John Does 2-99, and (b) quashing of the subpoena on the ground that the complaint fails to state a claim for relief under the Copyright Act.

The docket number is 05CV9112(NRB).

RIAA's opposition papers are due March 17th.

Following documents are published online at Internet Law & Regulation:

Notice of motion
Affidavit of Morlan Ty Rogers
Affidavit of Zi Mei
Memorandum of Law

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

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