Answer, Counterclaims, and Discovery Notices Served in Elektra v. Torres

The defendant's answer, counterclaim, and discovery notices have been served in a new contested case in Brooklyn, Elektra v. Torres.


Answer and Counterclaims*
Answer and Counterclaims, Exhibit A (Amicus Brief filed by ACLU, Public Citizen, EFF, AALL, and ACLU Foundation of Oklahoma in Capitol v. Foster)*
Defendant's Initial Disclosures*
Defendant's First Set of Interrogatories to Plaintiffs*
Defendant's First Request for Production of Documents and Things*
Defendant's Notice to Take Deposition of Elektra Entertainment*

* Document published online at Internet Law & Regulation

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Ms. Lindor Moves to Exclude RIAA Expert Testimony For Failure to Meet Reliability Standards Under Daubert

In UMG v. Lindor, Ms. Lindor has moved to exclude the trial testimony of the RIAA's expert, Dr. Doug Jacobson, on the ground that his deposition testimony establishes that his trial testimony could not meet the standards for reliability of expert testimony prescribed by Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U. S. 579 (1993) and Federal Rule of Evidence 702.

April 26, 2007, Letter of Morlan Ty Rogers to Magistrate Robert M. Levy*
Exhibit T (Transcript of Deposition)(Part 1)*
Exhibit T (Transcript of Deposition)(Part 2)*
Exhibit R (Report of Expert)*
Exhibit H (November 30, 2006, Hearing Transcript)(Part 1)*
Exhibit H (November 30, 2006, Hearing Transcript)(Part 2)*
Rule 37.3 Letter*

* Document published online at Internet Law & Regulation

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Defendant Opposes RIAA Motion to Dismiss Counterclaims in Corpus Christi case, Atlantic v. Boggs

In Atlantic v. Boggs, in Corpus Christi, Texas, the defendant has filed papers in opposition to the RIAA's motion to dismiss his counterclaims:

Defendant's Memorandum of Law in Opposition to Plaintiffs' Motion to Dismiss Counterclaims*

Defendant is represented by Charles J. Rogers, of Conley Rose, P.C., in Houston, Texas.

* Document published online at Internet Law & Regulation

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SONY v. Merchant Heats Up in Fresno; Defendants' Lawyer Attacks RIAA "Ex parte" procedures

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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RIAA Drops Case in Which it Pursued High School Student on 24-hours' notice

In UMG v. Hightower, the Houston, Texas, case in which the RIAA subpoenaed a high school student for his deposition on 24 hours notice on a school day, the RIAA has abruptly agreed to drop the case "without prejudice":

Stipulation of dismissal*
Order of dismissal*

Ms. Hightower was represented by J. Goodwille Pierre, of Houston, Texas.

* Document published online at Internet Law & Regulation

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RIAA Goes Into Court "Ex Parte" in Denver, Colorado, Tries to Get Ruling that it Doesn't Need Court Order to Get Subscriber Info from ISP's

We have just learned that the RIAA made an ex parte application to a district court in Denver, Colorado -- where the RIAA's lawyers are located -- asking the Judge to rule that no court order is needed in order for an ISP to turn over confidential subscriber information to the RIAA.

An ex parte application is an application made where no other parties are given notice that the application is being made.

The magistrate judge declined to rule on that issue, but issued the ex parte order the RIAA was asking for.

The name of the case is Arista v. Does 1-9, Civil Action No. 07-cv-00628-EWN-MEH, District Court of Colorado.

Order dated April 4, 2007*

* Document published online at Internet Law & Regulation

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Battle Rages Over Counterclaims in Atlantic v. Andersen

The RIAA and Ms. Andersen have finally squared off over the counterclaims in Atlantic v. Andersen in Oregon, with the RIAA moving to dismiss Ms. Andersen's counterclaims.

Ms. Andersen has interposed counterclaims for Electronic Trespass, the Computer Fraud and Abuse Act, Invasion of Privacy, Fraud, Negligent Misrepresentation, the tort of Outrage, Deceptive Business Practices under Oregon Trade Practices Act, and the Oregon RICO statute. The RIAA has moved to dismiss the counterclaims. Ms. Andersen opposes the RIAA's motion.

Defendant's Amended Answer and Counterclaims*
RIAA Memorandum of Law in Support of Motion to Dismiss Counterclaims*
Defendant's Memorandum of Law In Opposition to Motion to Dismiss Counterclaims*

* Document published online at Internet Law & Regulation

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Judge in SONY v. Arellanes Enters New Protective Order for Hard Drive Inspection

In SONY v. Arellanes, in the Eastern District of Texas, in Sherman, Texas, the Court has granted the RIAA's motion for reconsideration and revised its October 27, 2006, order governing the hard drive inspection. However, with minor variation, the new order is simply a more detailed version of the first order.

Under the Court's March 14, 2007, order the procedure is as follows:

-RIAA can use its own imaging specialist to make the mirror image of the hard drive;
-a mutually acceptable computer forensics expert shall make 2 verified bit images, and create an MD5 or equivalent hash code;
-one mirror image will be held in escrow by the expert, one will be given to defendant's lawyer for a 'privilege review';
-defendant will provide plaintiffs with a privilege log;
-after privilege questions are resolved, the escrowed image -- with privileged files deleted -- would be turned over to RIAA lawyers; and
-information turned over to RIAA lawyers would be for lawyers' eyes only.

Under the October 27, 2006, order*, the mutually agreeable expert was to create the mirror image, and it was left to the parties to agree upon a mutually acceptable protective order.

March 14, 2007, Order Granting Reconsideration of Protective Order Motion and Revising October 27, 2006, Order*

* Document published online at Internet Law & Regulation

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Ms. Lindor's Son Objects to Magistrate's Denial of Attorneys Fees

In UMG v. Lindor, Ms. Raymond's son has objected to the Magistrate's denial of his request for attorneys fees:

Objections to Magistrate's Order*
April 20, 2007, Letter of Richard A. Altman Correcting Objections*

* Document published online at Internet Law & Regulation

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Defendant Asks Court to Read EFF Amicus Curiae Brief in Lava v. Amurao

In Lava v. Amurao, a White Plains, New York, case pending before Judge Charles L. Brieant, the defendant has responded to the RIAA's request that the Court not consider the brief submitted by the Electronic Frontier Foundation, arguing that the Court should indeed take the brief into consideration in deciding the plaintiffs' motion to dismiss counterclaims.

In his letter to the Court, Richard A. Altman, the Manhattan lawyer representing Mr. Amurao, pointed out to the Court that the RIAA's objection to the lack of impartiality of the EFF is not a valid legal basis for objecting to an amicus.

April 20, 2007, Letter of Richard A. Altman to Hon. Charles L. Brieant*

* Document published online at Internet Law & Regulation

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RIAA Opposes EFF's Motion for Leave to File Amicus Brief in Lava v. Amurao, Attacks "Recording Industry vs The People"

In Lava v. Amurao, the RIAA has opposed the motion made by the Electronic Frontier Foundation for permission to file an amicus brief.

Among other things, the RIAA argued that Ray Beckerman, who had acted as local counsel in filing the EFF's motion, publishes "Recording Industry vs. The People", which, the RIAA said, had accused the Plaintiffs of acting as "a cartel of multinational corporations [that] collude to absuse our judicial system, distort copyright law, and frighten ordinary working people and their children". (Brief at Page 4, FN 1).

RIAA Memorandum of Law in Opposition to Motion by Electronic Frontier Foundation for Leave to File Amicus Curiae Brief*

* Document published online at Internet Law & Regulation

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RIAA Subpoenas High School Student for Deposition; Demands He Miss Class; Gives Only 1-Day Notice; in Houston, Texas, case

In a Houston, Texas, case, UMG v. Hightower, the RIAA subpoenaed a high school student on 24 hours notice to appear for a deposition at 9:00 A.M. at their lawyer's office, on a school day. The student was the son of the defendant. Defendant's lawyer filed a motion to quash the subpoena, and objections:

April 16, 2007, Motion to Quash Subpoena and Objections*

Ms. Hightower is represented by J. Goodwille Pierre, of Walker, James, Dhingra, and Pierre, of Houston, Texas.

* Document published online at Internet Law & Regulation

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RIAA Opposes Random Reassignment of Cases in Brooklyn; Praises Judges Trager and Levy

In response to the defendants' motions for their cases to be deemed unrelated and randomly reassigned to different judges, in Maverick v. Chowdhury and Elektra v. Torres, both cases against Queens men which are being brought in federal court in Brooklyn, the RIAA has countered with letters to District Judge Trager and Magistrate Judge Levy that the cases are related and should stay together.

The RIAA lawyer praised Judge Trager and Judge Levy as being "very familiar with the legal, factual, and technical aspects of these cases" and said that "their familiarity with these cases has resulted in efficiency and judicial economy for both the Court and the parties".

April 17, 2007, Letter of Richard Gabriel Asking For Brooklyn Cases to Be Deemed "Related" in Maverick v. Chowdhury*
April 17, 2007, Letter of Richard Gabriel Asking For Brooklyn Cases to Be Deemed "Related" in Elektra v. Torres*

* Document published online at Internet Law & Regulation

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Answer, Counterclaims, and Discovery Notices Served in Maverick v. Chowdhury

The defendant's answer, counterclaim, and discovery notices have been served in a new contested case in Brooklyn, Maverick v. Chowdhury.


Answer and Counterclaims*
Answer and Counterclaims, Exhibit A (Amicus Brief filed by ACLU, Public Citizen, EFF, AALL, and ACLU Foundation of Oklahoma in Capitol v. Foster)*
Defendant's Initial Disclosures*
Defendant's First Set of Interrogatories to Plaintiffs*
Defendant's First Request for Production of Documents and Things*
Defendant's Notice to Take Deposition of Maverick Recording Company*

* Document published online at Internet Law & Regulation

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Judge Grants RIAA's Protective Order Motion in Capitol v. Foster, Rules that Attorneys Billing Records Can be Kept Confidential

Judge Lee R. West, in Capitol v. Foster, has granted the RIAA's motion for a protective order designating its attorneys' billing records as confidential:

April 10, 2007, Decision, Granting Motion for Confidentiality of Attorneys' Billing Records*
April 10, 2007, Protective Order*

* Document published online at Internet Law & Regulation

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Wolfpack Stands Up to the RIAA; NC State Students to Fight Back (Corrected article)

This is a correction to the story we published. We have been advised by the Office of Student Legal Services that they do not handle federal court cases, and that for the litigation in the "John Doe" case and involving the subpoenas, the students would need to use outside counsel.

Accordingly, I would refer NC State students to my earlier post, Suggestions to College Students.

Following is the story we had found in NC State's student online newspaper, "Technician Online", which we now believe is partially inaccurate:

RIAA files 23 lawsuits against NCSU
Pre-litigation settlements were followed by lawsuits this week for the University's illegal downloaders
Josh Harrell
Issue date: 4/13/07

After the Recording Industry Association of America sent pre-litigation settlements to N.C. State illegal downloaders last month, the company stepped up its game this week.

The RIAA filed 23 music theft lawsuits against anonymous NCSU network users after they refused to take the settlement.

The lawsuits are in the form of "John Doe lawsuits," meaning that the RIAA does not know the names of the people it has filed against.

The users have been identified by their IP addresses, according to an RIAA spokesperson who declined to give her name or be directly quoted.

The same spokesperson said the company will have to wait on a judge to grant the RIAA permission to begin the name-discovery process.

But Pam Gerace, the director of Student Legal Services at the University, is fighting the lawsuits for her student clients. She advises that the students should remain anonymous.

"The RIAA actually said they might have use for the names in the future," Gerace said,

She added that this could prove dangerous for the students, as the RIAA could pursue other legal actions or give the names to record companies.

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Are Song Writers Entitled to a "Public Performance" Royalty When a Song is Downloaded?

Are song writers entitled to a "public performance" copyright royalty when their songs are downloaded? A case pending in New York federal court will be answering that question. For an excellent discussion of the subject, see this article by Steve Gordon", noted entertainment lawyer and expert in digital music, and regular columnist for Digital Music News, which appeared on April 13th on The Register:

Are songwriters double-dipping?
When a performance isn't a performance
By Steve Gordon
Published Friday 13th April 2007 08:28 GMT

Should songwriters get paid for a public performance when you download a song? Thanks to a New York legal case, we'll soon find out.

In the United States, three organizations license "public performance" rights for music on behalf of their music publisher and songwriter members: ASCAP, BMI and SESAC. Typical public performances include live performance in clubs and concert halls, radio, television, and streaming music on the Web. Until now, "downloading" music has not been considered to be a public performance.

But in late February, ASCAP filed papers in federal court in New York demanding the court rule that downloading music constitutes a "public performance" for which its songwriter and publisher members should be paid. AOL, Real Networks and Yahoo have responded that downloads are not public performances, and that ASCAP has no right to demand that they pay public performance royalties for downloads.

This article analyses the legal basis for ASCAP's claim, which is tenuous, and the strong economic forces that compelled them to try to add downloads to its income pool. Those reasons, surprisingly, may have more to do with the future of how people will watch TV programs and movies, rather than listen to music.

Complete Article

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Magistrate Grants Motion to Appoint Guardian Ad Litem for MS Victim Defendant in Elektra v. Schwartz

In Elektra v. Schwartz, where the defendant is a Queens woman suffering from Multiple Sclerosis, Magistrate Robert M. Levy has granted Ms. Schwartz's motion for appointment of a Guardian Ad Litem. The Magistrate further ruled that the guardian would not be paid for by any of the litigants, but by a special fund, up to a maximum of $3000.

The Magistrate stayed discovery pending the appointment of the Guardian Ad Litem.

April 12, 20067, Order of Magistrate Robert M. Levy Granting Defendant's Motion for Appointment of Guardian Ad Litem*

A guardian ad litem is a person -- usually an attorney -- appointed by a court, for the purposes of a specific litigation, to protect the interests of a person who is not in a position to protect him or her own interests, such as a minor, or a person who has a disability that might affect his or her decisionmaking or ability to assist his or her lawyer. Sometimes, in specialized types of litigation, the guardian ad litem may hire special counsel to assist the guardian.

A guardian ad litem was determined by the Court to be needed in Priority v. Brittany Chan, in Michigan, where the defendant was under 18 years of age.

* Document published online at Internet Law & Regulation

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Battle Raging in Tucson, Arizona, in Loud v. Sanchez; RIAA Allowed to Amend Complaint to Add Daughter As Defendant

We have just learned of a battle that has been raging in Tucson, Arizona, in Loud v. Sanchez.

The RIAA sued a middle aged man who has never engaged in p2p file sharing. During the course of the litigation they came to believe that his daughter, rather than he, had been engaged in filesharing.

They thereafter brought on a motion, last November, to amend their complaint -- not to drop the father as a defendant, but to add the daughter.

Thereafter, on April 10th of this year, they sought to withdraw their motion and drop the case entirely against the father, without prejudice, indicating an intention to bring a separate suit against the daughter.

Unbeknownst to them, however, the day before the Court had granted their motion for leave to amend to add the daughter.

Defendants thereafter filed an answer and counterclaims to the amended complaint, counterclaiming for (a) a declaratory judgment of non-infringement and (b) money damages for prima facie tort under Arizona law.

Plaintiffs' Motion to Amend Complaint*
Order signed April 9, 2007, and entered April 11, 2007, Granting Plaintiffs' Motion to Amend Complaint*
Plaintiffs' Notice Withdrawing Motion to Amend Complaint*
Defendants' Answer and Counterclaims*

Defendants are represented by Edwin Eloy Aguilar of the Karp Heurlin Weiss law firm in Tucson, Arizona.

* Document published online at Internet Law & Regulation

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In New Contested Cases in Brooklyn Federal Court, Defendants Challenge Status of RIAA Cases as "Related"

In two new cases brought in Brooklyn federal court, against different Queens men, the defendants have challenged the RIAA's practice of designating each case it brings in Brooklyn federal court as "related" to all the other cases it has brought, thus ensuring that all of the cases will be assigned to District Judge David G. Trager and Magistrate Judge Robert M. Levy.

The names of the cases are Elektra v. Torres and Maverick v. Chowhdhury.

The defendants' letters pointed out to the Court that

-the defendants are unrelated

-the defendants have nothing to do with each other

-each case has its own factual matrix and

-the disposition of any one case has no effect on the disposition of any other case.

April 11, 2007, Letter of Ray Beckerman in Elektra v. Torrres*
RIAA Cover Sheet and Rule 7.1 Statement in Elektra v. Torrres*

April 12, 2007, Letter of Ray Beckerman in Maverick v. Chowdhury*
RIAA Cover Sheet and Rule 7.1 Statement in Maverick v. Chowdhury*

* Document published online at Internet Law & Regulation

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RIAA Files Reply Papers in Lava v. Amurao

In Lava v. Amurao, a day after the Electronic Frontier Foundation filed an amicus curiae brief in opposition to the RIAA's motion to dismiss counterclaims, the RIAA has filed reply papers in support of the motion:

RIAA Reply Memorandum in Support of Motion to Dismiss Counterclaims*

* Document published online at Internet Law & Regulation

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Magistrate Denies Request for Attorneys Fees by Ms. Lindor's Son

Magistrate Robert M. Levy, who denied the RIAA's attempt to obtain production of Ms. Lindor's son's desktop computer, has denied the son's request for attorneys fees in connection with the motion, in UMG v. Lindor:

April 10, 2007, Order, Denying Request for Attorneys Fees*

* Document published online at Internet Law & Regulation

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Electronic Frontier Foundation Files Amicus Curiae Brief in Opposition to RIAA's Motion to Dismiss Counterclaims in Lava v. Amurao

In Lava v. Amurao, where Mr. Amurao has counterclaimed against the record companies for copyright misuse and for a declaratory judgment of non-infringement, and the RIAA has moved to dismiss the counterclaims, the Electronic Frontier Foundation has filed an amicus curiae brief supporting the opposition papers filed by Mr. Amurao's lawyer.

The EFF argued as follows:

...this lawsuit is but one skirmish in the broader war the Recording Industry Association of America (“RIAA”) is waging against unauthorized Internet copying. Using questionable methods and suspect evidence, the RIAA has targeted thousands of ordinary people around the country, including grandmothers, grandfathers, single mothers and teenagers.....

The RIAA itself has likened its campaign to drift net fishing, admitting that “[w]hen you go fishing with a net, you sometimes are going to catch a few dolphin.” Dennis Roddy, The Song Remains the Same, Pittsburgh Post-Gazette, Sept. 14, 2003, available at http://www.post-gazette.com/columnists/20030914edroddy0914p1.asp.


In addition, the RIAA is attempting to expand the scope of its copyright protections beyond what the statutes provide. This copyright “grab” stems from the plaintiffs’ erroneous theories of secondary liability in copyright law. These theories, which the RIAA knows are wrong, attempt to put parents, employers, teachers, and other internet account holders on the hook for third-party computer activities—even when the defendant has no knowledge or ability to supervise the actual alleged infringers.

For example, Deborah Foster faced frivolous claims of secondary copyright liability despite the absence of any allegation, much less any fact, showing that she knew third parties were using her Internet account to engage in illegal file-sharing, or substantially participating in such file-sharing. See Capitol Records, Inc. v. Foster, No. 04-1569, 2007 WL 1028532, at *3 (W.D. Okla. Feb. 6, 2007).

The difficulties facing “the dolphins” are compounded by the challenges that individuals face when attempting to litigate in federal court. When the RIAA threatens suit against an individual, it makes sure to offer her a carefully chosen sum that is substantially smaller than the legal fees required to fight the accusations, even for defendants that are completely innocent non-infringers. Faced with the threat of costly litigation to defend their names and the possibility that many thousands of dollars in damages might be wrongly assessed against them, see, e.g. BMG Music v. Gonzalez, 430 F.3d 888 (7th Cir. 2005) (affirming $22,500 statutory damages award against a mother of five found liable for illegally downloading thirty songs), many innocent people settle because they cannot afford the legal costs to fight back.

Thus, at the heart of Defendant’s counterclaims and Plaintiffs’ motion to dismiss is the question of consequences – namely, what consequences should attach to plaintiffs who carelessly net “dolphins” in their mass litigation campaign and then walk away from these cases when a dolphin acts affirmatively to protect itself?....

Defendant has alleged that Plaintiff’s case here has no merit, has been brought to harass him, and that he has not infringed any of its legal rights. He has also alleged that by bringing this case, Plaintiff has illegally misused its government-granted copyright, thus jeopardizing its enforceability under the equitable standards of the law. ...Amicus EFF takes no position as to the actual facts of this case, but if these allegations are true, then this presents a very serious situation for the Court to consider.

If Plaintiffs have, in fact, brought such a frivolous case and are misusing their statutorily-granted copyrights, they should be held responsible for their actions. Moreover, Defendant deserves a final answer and peace of mind, rather than a voluntary dismissal that allows the specter of future litigation to linger.

Counterclaims such as those brought by Defendant—for a declaration of non-infringement and a finding of copyright misuse—will promote accountability and bring him out from under that Damoclean sword. Further, permitting the counterclaims to go forward may ultimately promote judicial economy. Careless copyright plaintiffs will think twice before filing suit if they know that voluntary dismissal will not shield them from the consequences of carelessly dragging individuals into federal court. To disallow such claims, by contrast, would allow Plaintiffs to play a nefarious “wait-and-see” game: those that expend the money on attorneys’ fees and costs to fight back against the bogus suits would find their cases voluntarily dismissed without recompense, while those who did not fight back would end up having to submit to either an unfair settlement or default judgment.

For a full copy of the brief:

Amicus Curiae Brief of Electronic Frontier Foundation in Opposition to RIAA's Motion to Dismiss Counterclaims*
(Alternate link)

* Document published online at Internet Law & Regulation

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Elektra v. Santangelo -- Case Closed Except for Defendant's Attorneys Fees

It is now official: the case against Patti Santangelo, Elektra v. Santangelo, in White Plains, New York, is now closed, except for Ms. Santangelo's right to claim attorneys fees. On April 9th Judge McMahon "so ordered" a stipulation dismissing the case, but giving Ms. Santangelo the right to pursue her claim for attorneys fees:

Stipulation and Order entered April 9, 2007, dismissing case with prejudice except for issue of defendant's entitlement to attorneys fees*

* Document published online at Internet Law & Regulation

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SONY v. Merchant -- Round 2

After backing down last week upon receipt of a letter from Visalia, California, attorney Merl Ledford III, in SONY v. Merchant, the RIAA has initiated a new round of litigation, starting a "John Doe" action and threatening to take depositions of Mr. Merchant's family and to compel production of their computer hard drives:

April 3, 2007, Letter, of Thomas Kerr*
April 9, 2007, Letter of Merl Ledford III*

* Document published online at Internet Law & Regulation

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RIAA Disputes Defendant's Objection to Magistrate Order Granting Protective Order for MediaSentry Agreements in UMG v. Lindor

The RIAA has filed a response disputing the defendant's objection to the Magistrate's order granting plaintiffs' motion for a protective order preventing defendant's lawyers from having copies of the RIAA's agreements with MediaSentry, in UMG v. Lindor

April 9, 2007, Response of RIAA to Defendant's Objection to Magistrate Order Granting MediaSentry Protective Order Motion*

* Document published online at Internet Law & Regulation

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RIAA Files Objections to Magistrate's Order Denying Motion to Compel Production of Son's Hard Drive in UMG v. Lindor

In UMG v. Lindor, the RIAA has filed objections to the Magistrate's order denying their motion to compel Ms. Lindor's son to turn over the hard drive to his own desktop computer:

April 9, 2007, Objections of RIAA to March 30, 2007, Order, Denying Hard Drive Production*

* Document published online at Internet Law & Regulation

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p2pnet Reports: Stipulation of Dismissal With Prejudice Signed in Patti Santangelo Case

Following the March 30th "mystery document", it now appears that that the attorneys for both sides in Elektra v. Santangelo have signed a stipulation of dismissal with prejudice, leaving open only the question of whether or not Ms. Santangelo will be awarded attorneys fees, and if so how much, according to this report by Jon Newton of p2pnet:

Patti Santangelo v RIAA: battle won?

p2pnet.net news:- Odds are that Patti Santangelo, the New York mother who was the first RIAA victim to make a determined stand against the Big 4, helped to no small extent by p2pnet readers who put their money where their mouths were, contributing thousands of dollars towards her legal costs, has won her battle to clear her name and show up the Big 4 for the bullies they are.

She and her lawyer, Jordan Glass, have signed and submitted a stipulation to dismiss with prejudice the case lodged against her by the RIAA, clearly taking their cue from the language of US federal district court judge Colleen McMahon's response to Glass's letter of March 31. In it, he wrote Patti would stipulate to a dismissal of any sort only if she retained the right to move for legal fees.

McMahon's language seemed to indicate it was time to end the farce, and the court had the power to entertain a motion for legal fees.

But even if judge McMahon grants the dismissal, and there's every reason to believe she will, that still leaves two of Patti's children, Michelle, 20, and Bobby, 16, in the direct line of fire.

"With prejudice" means the Big 4 wouldn't be able to re-start the case at some time in the future, and if judge McMahon decides to grants fees and costs, they could be heavy.

Complete article

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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

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RIAA Wants to Serve Additional Papers In Support of Motion for Confidentiality in Capitol v. Foster

After receiving Ms. Foster's objections to its motion for confidentiality of its attorneys billing records in Capitol v. Foster, the RIAA requested, and has received, permission to file additional papers:

Plaintiffs' Motion for Leave to Serve Reply Papers*
Order granting Plaintiffs' Motion for Leave to Serve Reply Papers*

* Document published online at Internet Law & Regulation

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RIAA Serves Defective Deposition Notice in Capitol v. Foster; Foster Moves to Quash

The RIAA has served a defective deposition notice in Capitol v. Foster, in an attempt to take a deposition of defendant's expert witness on the subject of the "reasonableness" of the defendant's attorneys fees.

Ms. Foster has moved to quash the notice.

Notice of deposition*
Motion to quash deposition notice*

* Document published online at Internet Law & Regulation

Commentary & discussion:

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Debbie Foster Opposes RIAA Request for Confidentiality of Its Attorneys Billing Records

In Capitol v. Foster, where the RIAA has under court order produced its attorneys billing records to the defendant's lawyer, but is now asking the Court to designate the documents as "confidential", Ms. Foster has opposed the RIAA's request for confidentiality:

April 3, 2007, Objections to RIAA's Motion for Protective Order*

* Document published online at Internet Law & Regulation

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UC Santa Cruz Passes Along RIAA Demand Letter to Students, Suggests to Students "You May Want to Seek Advice from a Private Attorney"

We have obtained a copy of the RIAA's settlement demand letter sent to the University of California, Santa Cruz. The school has passed along the letters to students, but advised that

-the University of California has made not determination that you have engaged in copyright infringement or that you should enter into an early settlement with the copyright holder;

-It is solely your personal decision whether to avail yourself of the "early settlement" procedure;

-You may want to seek advice from a private attorney. For your information, the State Bar of California has a lawyer referral service -- please see http://www.calbar.ca.gov/state/calbar_generic.jsp?cid=10182

A copy -- with identifying information redacted -- of the complete set of what students received, is as follows:

University of California, Santa Cruz, Set of Letters*

* Document published online at Internet Law & Regulation

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Ms. Lindor's Son and RIAA In Dispute Over Attorneys Fees

In UMG v. Lindor, where the Magistrate denied the RIAA's motion to compel Ms. Lindor's son to produce his desktop computer, Ms. Lindor's son's attorney has requested an award of attorneys fees, which the RIAA opposes:

April 2, 2007, Letter of Richard Altman (Re: Attorneys Fees)*
April 3, 2007, Letter of Richard Gabriel (Re: Attorneys Fees)*

* Document published online at Internet Law & Regulation

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Santangelo Says No Dismissal With Prejudice Unless She Can Claim Attorneys Fees; Judge Says She Can Move to Dismiss With Prejudice

In Elektra v. Santangelo, the Judge of course did not sign off on the RIAA's "mystery document" filed last week, and instructed the defendant that she can make a motion to dismiss the case with prejudice.

Patti Santangelo had told the Court she had no objection to the RIAA's discontinuing the case "with prejudice", so long as she maintains the right to seek attorneys fees and costs.

"Memo Endorsed" Order Dated April 2, 2007, Advising defendant she is free to make motion to discontinue with prejudice*

Presumably the litigation will now move on to litigation over whether Ms. Santangelo is entitled to an attorneys fee award and in what amount. See Capitol v. Foster.

* Document published online at Internet Law & Regulation

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