The widely reported case of SONY v. Merchant, which received worldwide attention when Visalia, California, lawyer Merl Ledford III wrote a strongly worded letter to the RIAA's lawyer that caused the RIAA to promptly withdraw its case, has heated up as the RIAA went to a different court, this time going to Fresno rather than Sacramento, and tried a different tack, this time proceeding "ex parte" so that they would not have to give the Merchants notice of what they were doing, suing under the name SONY v. Does 1-10.
Defendants have launched a full scale attack on the RIAA's tactic of bringing "ex parte" proceedings against multiple John Does, and demanding that notice be given of any applications to the Court prior to their being made. Defendants have also attacked the frivolousness of the RIAA's evidence, and claim that the joinder of various "John Does" in a single case is in violation of the order in Fonovisa v. Does 1-41:
Request for Judicial Notice*
Request for Special Notice*
Declaration of Counsel*
* Document published online at Internet Law & Regulation
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