Friday, February 09, 2007

RIAA Seeks to Expedite Discovery in Elektra v. Schwartz, Case Against Woman with Multiple Sclerosis

In Elektra v. Schwartz, a Brooklyn case against a woman with Multiple Sclerosis, the RIAA has sought to expedite discovery against the woman and her minor child:

February 4, 2007, Letter of Ray Beckerman (Medical issues; RIAA request for expedited discovery; Electronic filing)*
February 5, 2007, Order of Magistrate Robert M. Levy, Ordering Electronic Filing, Fixing Conference, Ordering Defendant Counsel to furnish basis for appointment of Guardian Ad Litem*

* 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


Alter_Fritz said...

"Defendant's counsel is directed to advise
the court in writing, by 2/12/07, of the basis for his request for appointment of a guardian ad litem.
Ordered by Judge Robert M. Levy on 2/5/07. (Levy, Robert)"

lets see if i'm at the right pace in this suit;
Judge Levy direction towards you at this point is about a GAL (and his payment) for the grownup accountholder Mrs. Swartz because of her serious medical condition. Not about a GAL for the (at THIS moment - but we already learned the ugly tactics of the Labels and can imagine what comes next...) non-party and non-defendant minor that might have used that account in one or the other (alledged way)?

Judge Levy is aware of the other ruling where the Label lawyer Krichbaum failed to come up with a plan for a minor defendant, isn't he?

raybeckerman said...

Separate guardians ad litem would need to be appointed for any minors as well, in my opinion.

I have brought Priority Records v. Chan and Priority Records v. Chan II to the Court's attention.