Thursday, December 25, 2008

Defendant moves to set aside default in new case in Rochester, New York, SONY BMG Music v. Stade

We have recently learned of a new case in Rochester, New York, SONY BMG Music Entertainment v. Stade, where the RIAA moved for a default judgment, the defendant retained counsel who filed an appearance, and the RIAA apparently refused to open up the default and permit defendant to file her answer. The Court established a briefing schedule and scheduled oral argument for January 22, 2009 at 3:45 p.m. at 1360 United States Courthouse, 100 State Street, Rochester, New York. The oral argument is open to the public.

Summons and complaint
December 4, 2008, order scheduling motion to vacate default
Declaration in support of motion to be relieved of default

Keywords: lawyer 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 portable music player


Anonymous said...

This is all further proof that these RIAA plaintiffs do not believe in a fair fight.

{The Common Man Speaking}

raybeckerman said...

Yes it is, Common Man Speaking, if further proof were needed.

It is rare for a lawyer to refuse to vacate a default judgment, but the RIAA lawyers do it all the time.

Most lawyers I know would consider them pariahs.

It will be amusing to see what happens to them when they are looking for work, which should be any day now.