In both Elektra v. Barker and Warner v. Cassin, the two Southern District of New York cases in which motions to dismiss the complaint -- attacking the RIAA's "making available" theory and the lack of factual allegations of downloading and distributing-- are pending, the RIAA has sought to lift the stays of discovery which are now in effect, and has asked the judges to proceed with pretrial discovery, even though there has been no decision of either of the dismisal motions.
March 17, 2007, letter of Victor B. Kao to Hon. Kenneth M. Karas (Asking judge to lift stay of discovery in Elektra v. Barker)*
March 17, 2007, letter of Victor B. Kao to Hon. Stephen C. Robinson (Asking judge to lift stay of discovery in Warner v. Cassin)*
* Document published online at Internet Law & Regulation
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property