Monday, January 22, 2007

In BMG v. Does 1-4, California "John Doe" case, last summer, Court rejected joinder of Does 2-4, dismissed as to them

In a California "John Doe" case, BMG v. Does 1-4, the Court refused to accept joinder of the four John Does, and dismissed as to John Does 2-4:

August 1, 2006, decision*

In its decision, the Court also noted the requirement of producing concrete evidence of a prima facie case, and ordered the plaintiffs to produce copies of the copyright registrations allegedly infringed by John Doe number 1.

After receiving plaintiffs' new papers, including the copyright registations, the Court subsequently granted the ex parte discovery order the RIAA was seeking, but only as to John Doe number 1:

November 30, 2006, decision*

This was a totally ex parte case. The defendants never appeared.

* Document published online at Internet Law & Regulation

Keywords: digital copyright online download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

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