Friday, April 06, 2007

Capitol v. Foster Judge Agrees RIAA Deposition Notice Was Defective; Reschedules Deposition

Judge Lee R. West, presiding over Capitol v. Foster in Oklahoma, agreed with the defendant's contention that the RIAA's notice to take the deposition of defendant's expert was defective, and rescheduled the deposition to take place after, rather than before, the defendant's deposition of the plaintiff's expert. He also ruled that if the RIAA fails to comply with his previous order requiring production of the expert reports by 10 A.M. on April 9th, then the deposition notice is stricken altogether, and the RIAA may not take the deposition of defendant's expert at all:

April 6, 2007, Order Partially Granting Motion to Quash Deposition Notice*

* Document published 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

14 comments:

No said...

The link to the ruling does not work.

Ray Beckerman said...

I fixed the link. Thanks very much for bringing it to my attention.

Bacon Bits said...

Sounds like a long weekend for RIAA.

AMD FanBoi said...

Ray, is there any way to link directly to the Full Screen version of these PDF files, instead of having to click that link every time? I have a big screen and I still can't read them in that reduced window, and doubt most other people can either. Thanks!

Ray Beckerman said...

dear amd, there's a link just above the document that says "view full screen"...

just click it...

it wouldn't be right for me to put in a full screen link in my blog... Internet Law & Regulation by Pike & Fischer is hosting these documents free of charge... at least people who are availing themselves of this service should see who is providing this valuable and important public service, and should learn what services and products ILR offers....

Megan said...

Wow, just wow. According to the LA Times , the RIAA/MPAA would like a convenient loophoole in California's about-to-be-tougher pretexting laws.

Barlow said...

The RIAA has already demostrated an unwillingness to follow court rules so why shouldn't they think they should be exempt from the privacy laws? Basically the anti-pirates wish to be pirates also.

StephenH said...

I think RIAA tried to pull a fast one thinking that the defendants attorneys would not notice, and the judge did not notice. However, the judge did notice, and did the right thing.c

Jadeic said...
This comment has been removed by the author.
Igor said...

ray, I think he meant that today is April 9th...the deadline the judge set. Did the RIAA meet it?

Ray Beckerman said...

Dear igor, thanks for pointing out my misinterpretation.... I quickly withdrew my ill tempered comment.

Ray Beckerman said...

I don't know. I assume they met the deadline. But I don't want to bother Marilyn about it... she needs her preparation time.

DreadWingKnight said...

If today is the deadline, I would definetly check first thing tomorrow to see if they actually made it.

Delays at this point should be 0-tolerance (in my opinion anyway)

Ray Beckerman said...

I'm not going to bother Ms. Barringer-Thomson now while she's working to prepare for the depositions.