Wednesday, February 08, 2006

"John Doe" Moves to Vacate Ex Parte Discovery Order in Motown v. Does 1-99

Defendant "John Doe #48" has requested a premotion conference in Motown v. Does 1-99, in Manhattan federal court,in anticipate of making a motion to vacate the ex parte discovery order, quash any subpoenas issued under its authority, and sever and dismiss the case as to John Does 2-99. His letter to Judge Buchwald also seeks an emergency stay of the order and subpoena.

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Martin Osterman said...


Looks like a very solid request, at least from what I've read. I would think that if the law requires proof of all three occurrances (proof that the files were downloaded, proof that the files were distributed, and proof that the files were made available), then only satisfying one of the three is not enough to warrant continuing on with the case. Perhaps I'm wrong -- I come from a moderate legal background (father's a lawyer), but I've spent time in structured debates and such. At the conference, would that be a valid continued argument against the RIAA?

Thanks (and keep up the good work),

Martin Osterman

raybeckerman said...

Dear Martin,

Thanks for writing in, and for the kind words.

Our legal position is contained in the briefs which have been filed with the Court. I don't want to start paraphrasing them here, in snippets which could be misunderstood.

Best regards,