In Elektra v. Wilke, the Chicago RIAA case in which defendant Paul Wilke has moved for summary judgment, the RIAA has filed a motion for "expedited discovery", alleging that it does not have sufficient evidence to withstand Mr. Wilke's motion. The RIAA's lawyer said
"Plaintiffs cannot at this time,Motion for Expedited Discovery*
without an opportunity for
present by affidavit
facts essential to justify
their opposition to Defendant's motion.
Affidavit in Support of Motion for Expedited Discovery*
In his summary judgment motion * Mr. Wilke had stated that
1. He is not "Paule Wilke" which is the name he was sued under.
2. He has never possessed on his computer any of the songs listed in exhibit A [the list of songs the RIAA's investigator downloaded] He only had a few of the songs from exhibit B [the screenshot] on his computer, and those were from legally purchased CD's owned by Mr. Wilke.
3. He has never used any "online media distribution system" to download, distribute, or make available for distribution, any of plaintiffs' copyrighted recordings.
Mr. Wilke is represented by Daliah Saper of Saper Law Offices 188 West Randolph, Suite 1705 Chicago, IL 60601 312.404.0066 firstname.lastname@example.org
Commentary and discussion:
p2pnet.net (including profile of Mr. Wilke's lawyers)
Heise Online (German language website)
* Document available online at Internet Law & Regulation
Keywords: digital copyright online 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