Friday, April 14, 2006

RIAA Stonewalling Discovery in Santangelo case

Court records indicate that the RIAA, which is fond of serving massive written discovery requests on the defendants, is itself none too eager to respond to written discovery requests which the defendants themselves serve on the RIAA.

In Elektra v. Santangelo, in White Plains, the RIAA has served lengthy objections on both the interrogatories and the document requests which Patricia Santangelo's lawyer served upon them.

The following are Ms. Santangelo's lawyer's responses to the RIAA's "objections":

Response to RIAA objections to document requests*
Response to RIAA objections to interrogatories*

* Documents published online at Internet Law & Regulation

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9 comments:

CodeWarrior said...

The RIAA has dug deep into its soul and found that, perhaps some secrets would be painful if discovered...in my opinion.
~Code

Ray Beckerman said...

There's a whole lot they don't want the defendants to find out about.... which is why it's so important for people to fight back!

StephenH said...

I think that the RIAA is afraid of any consumer getting too far against them, or setting any precidents. I bet they bet they can stonewall everyone to the max, and people will fall and pay settlement support center and be done, making money for the RIAA.

If someone really puts up a defense and potentially wins, I bet they are afraid of their entire lawsuit campaign will be in extreme danger because a spybot will not automatic guilt, and they will have a much harder burden of proof to actually win. Every "Not Liable" verdict by a jury could cost RIAA tens of thousands of dollars in attorney fees, and could even weaken their position, by proving that some P2P use is legal, meaning that they could potential lose the Morpheus case when it goes to trial.

Do you agree with me, Ray?

CodeWarrior said...

As the old saying goes, the only thing that must happen for evil to triumphis for good men to do nothing.

At least, Ray is doing a great deal...Rock on Ray, Rock on.

The true spirit of rock is to rage against the machine and to speak truth to power.

If Ray's legal briefs were music, they would be clear and powerful guitar riffs that would put Santana, Clapton, and Hendrix to shame.

So it goes.-Vonnegut
~Code out.

rufus said...

I also must congratulate the few who are standing up against the RIAA. Maybe it is having some effect because no new cases were filed in March according to their website.

Ray Beckerman said...

Dear rufus, codewarrior, and stephenh:

Thanks for your incredible support!

It's possible that they may be re-tooling. Not in a good way, which would mean doing a more careful investigation, and making a decision to litigate in a more careful fashion. But in a bad way, trying to load some lies and window dressing into their 'complaints'.

Time will tell. Their arrogance and irresponsibility knows no bounds.

Ray

StephenH said...

Ray,

I personally sent a 13 page letter to Cary Sherman complaining over this whole campaign against consumers. Would you like me to send it to you?'

Stephen

StephenH said...

Ray,

Also one more thing. Do you think RIAA will appeal if one of these consumers is found not guilty or not liable, or they rule that the RIAA must prove that the files actually exist and are on the computer, and got there in an infringing matter?

Stephen

Ray Beckerman said...

Dear stephenh,
No thanks, I have more than enough to read right now.
Yes I think the RIAA will appeal from anything they lose, whether they have grounds for appeal or not, because their goal is to outspend the poor and middle class people who are defendants in these cases.
Best regards
Ray