Friday, April 06, 2007

Capitol v. Foster Judge Agrees RIAA Deposition Notice Was Defective; Reschedules Deposition

Judge Lee R. West, presiding over Capitol v. Foster in Oklahoma, agreed with the defendant's contention that the RIAA's notice to take the deposition of defendant's expert was defective, and rescheduled the deposition to take place after, rather than before, the defendant's deposition of the plaintiff's expert. He also ruled that if the RIAA fails to comply with his previous order requiring production of the expert reports by 10 A.M. on April 9th, then the deposition notice is stricken altogether, and the RIAA may not take the deposition of defendant's expert at all:

April 6, 2007, Order Partially Granting Motion to Quash Deposition Notice*

* 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

14 comments:

  1. The link to the ruling does not work.

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  2. I fixed the link. Thanks very much for bringing it to my attention.

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  3. Ray, is there any way to link directly to the Full Screen version of these PDF files, instead of having to click that link every time? I have a big screen and I still can't read them in that reduced window, and doubt most other people can either. Thanks!

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  4. dear amd, there's a link just above the document that says "view full screen"...

    just click it...

    it wouldn't be right for me to put in a full screen link in my blog... Internet Law & Regulation by Pike & Fischer is hosting these documents free of charge... at least people who are availing themselves of this service should see who is providing this valuable and important public service, and should learn what services and products ILR offers....

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  5. Wow, just wow. According to the LA Times , the RIAA/MPAA would like a convenient loophoole in California's about-to-be-tougher pretexting laws.

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  6. The RIAA has already demostrated an unwillingness to follow court rules so why shouldn't they think they should be exempt from the privacy laws? Basically the anti-pirates wish to be pirates also.

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  7. I think RIAA tried to pull a fast one thinking that the defendants attorneys would not notice, and the judge did not notice. However, the judge did notice, and did the right thing.c

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  8. This comment has been removed by the author.

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  9. ray, I think he meant that today is April 9th...the deadline the judge set. Did the RIAA meet it?

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  10. Dear igor, thanks for pointing out my misinterpretation.... I quickly withdrew my ill tempered comment.

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  11. I don't know. I assume they met the deadline. But I don't want to bother Marilyn about it... she needs her preparation time.

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  12. If today is the deadline, I would definetly check first thing tomorrow to see if they actually made it.

    Delays at this point should be 0-tolerance (in my opinion anyway)

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  13. I'm not going to bother Ms. Barringer-Thomson now while she's working to prepare for the depositions.

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The RIAA has a habit of citing our blog to judges, so please keep comments dignified and worthy of the important issues we are discussing, in keeping with our comment policies. If you see a violation of the policies, please let me know by email. You can post anonymously, but must sign off by giving us something to call you. Conversations among several people called "Anonymous" get too confusing. Thanks. Best regards. -Ray