Friday, April 25, 2008

Defendants reply in support of motion to strike Linares declarations in Arista v. Does 1-21

In Arista v. Does 1-21, targeting Boston University students, the students have filed a reply memorandum in further support of their motion to strike all of the Carlos Linares declarations.

Reply in support of motion to strike Linares declarations*

* Document published online at Internet Law & Regulation





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7 comments:

Anonymous said...

I have to say in reading the Defendant's Motion to Strike and its supporting papers that I find them much clearer, far less convoluted, less arcane, and far more readable than the RIAA arguments against them.

And one lesson I learned long ago is that if you can't make your argument clear, concise, and easy to follow, then there's something seriously wrong with your logic and the point you're trying to make.

-DM

Anonymous said...

Here's to hoping the judge gets it right.

Q

David Donahue said...

Linares as an attorney employed MediaSentry, contrary to his declaration that RIAA employed MediaSentry. Linares is not a Massachusetts attorney and RIAA was not “employed” by him in the sense of a full time employee; MediaSentry...

Didn't they really mean that MediaSentry and not the RIAA was not “employed” by him ...

Russell said...

This is a two pronged defense; one on the accuracy of the actual deposition and the other on the legitimacy of the investigation.

The former is the more important because it is the basis for ALL the RIAA cases. But the latter is going to IMHO easier for the judge to rule on because it goes to legal process not technical issues.

Is Mr Linares a lawyer or an expert?
Does he have first hand knowledge of what he swore to?
Does he have a license to practice either law or do PI in MA?

I think they have painted themselves into a corner on this issue.

When asked whether he is fish or fowl, the RIAA answer is Tofu!

Alter_Fritz said...

russell asked
Is Mr Linares a lawyer or an expert?

don't ask such impotant questions:
next we know RIAA will argue he is their HDD expert and is supervising Dr.Doug too if this court "allows" him to be both of the earlier mentioned professions at once for purpose of the acceptance of his declaration as evidence of a prima facie claim and reason to allow expedited discovery.

Maybe RIAA thinks this is just a case of a kind of "Super Lawyer"
Will we see Big G writing and signing the "Linares"-Declarations in future as "Gabriel-Declarations"?

Ray Beckerman said...

New Comment Policy:

Any more comments which repeat Mr. Gabriel's self-promotion of himself as "Super-Lawyer" will be rejected.

Just because he puts that in his promotional materials doesn't make him anything more than a braggart. I deal with him every day, and far from being an outstanding member of his profession, he is an embarrassment to it.

Let me put things in perspective:

This is a man who sues children for a living.

Does that sound like a person of whom the legal profession would be proud?

I know you're repeating the term in a mocking tone. But I really don't want it repeated any more. This blog is about getting out the truth, not about repeating lies.

Anonymous said...

What is infuriating is that here the Doe defendant must defend his motion against only affecting him, yet the RIAA may make a motion against all defendants at the same time.

Essentially, all the cases are joined, but only for the RIAA - each individual Doe has to fight the case alone. Of course, this magically satisfies any 'economy' - as the RIAA has a large amount of money and large legal team, and each Doe is a poor college student, with no lawyer (except the Doe Sayeg represents).

Q