Friday, May 02, 2008

Duke University "John Doe" moves to strike Linares declaration, dismiss complaint, quash subpoena, in BMG v. Does 1-10

In a new "John Doe" case, this one targeting students at Duke University, BMG v. Does 1-10, John Doe #4 has made a motion to dismiss the Linares declaration, dismiss the complaint, and quash the subpoena.

Motion to strike declaration, dismiss complaint, and quash subpoena*

* 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...

Get ready for the boilerplate response, "MediaSentry does not do what any other user of a P2P newwork does not do"... But remember, MediaSentry gets paid...

Anonymous said...

The sole purpose of this phase of the RIAA case is to severely punish those "who they have declared" guilty of copyright infringement. This is done through coerced settlements, and hugely expensive court cases which, even if the Defendant actually prevails, they will fight to the last moment against paying for the cost of the legal actions, and nitpick every expense proffered.

All with no legal or accurate evidence as to the infringer involved.

This can't be a proper legal strategy allowed under the Federal Rules, since it punishes the innocent with no evidence against them.