Monday, April 21, 2008

Joan Cassin disagrees with RIAA request for discovery in Warner v. Cassin

In Warner v. Cassin, Ms. Cassin has submitted a letter opposing the RIAA's request for the Court to lift its stay of discovery while the dismissal motion is pending.

April 21, 2008, Letter of Ray Beckerman to Hon. Stephen C. Robinson*

* 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


Anonymous said...

This is an amazingly clear, simple, and good answer on why discovery -- better known as the fishing expedition -- should not be allowed to proceed. The argument that, "We can prove that they're guilty if we're only allowed to dig deep enough into their family and hard drives (e-mails, resumes, recipes for Aunt Sally's marvelous sugar cookies) and private lives," has no place in any court in this land.


Anonymous said...

The judge should be asking the Plaintiffs one question:

How do you tie the person you've sued directly to the infringing acts you allege?

And if there is a second question to be asked at the very outset, it would be:

What evidence would specifically prove your allegations of copyright infringement through illegal uploading or downloading, and where exactly will you get it?

You see, I don't believe that the RIAA can identify any infringer at the time they sue, and that their case is unprovable, although they'll throw up so much B.S. that they'll convince people that infringement certainly had to have occurred somewhere in this cloud of debris we're tossing around. So far at least one judge has bought into the B.S., to his own personal discredit.