NewYorkCountryLawyer's Journal: Does AOL Turn in its Customers to RIAA?

In Elektra v. Schwartz, an RIAA case against a Queens woman with Multiple Sclerosis who indicates that she had never even heard of file sharing until the RIAA came knocking on her door, the judge held that Ms. Schwartz's request for summary judgment dismissing the case was premature because the RIAA said it had a letter from AOL "confirm[ing] that defendant owned an internet access account through which copyrighted sound recordings were downloaded and distributed...."(pdf). Do they really have such a letter?

Suppose they have

[cerberusss]

Suppose they have, shouldn't they share this letter with the defendant?

Re:

[NewYorkCountryLawyer]

Darned right they are. Supposedly they are going to turn it over to me today. I am skeptical that it says what they say it says.

Better have that letter ready for production

[Compulawyer]

I for one would not want to be the lawyer in front of a federal judge who has to explain a misrepresentation regarding the existence of evidence if that letter does not in fact exist. Also, I have not been an AOL member for years so I am not familiar with its Terms of Service or Privacy policies, but if I was representing that woman, I'd be looking at those closely right about now.

Re:

[NewYorkCountryLawyer]

These 'lawyers' don't have that kind of sensitivity. They will say anything.

I am very curious to see whether this letter says what they say it says. I have a hunch it does not.

Re:

[Compulawyer]

If they have indeed "said anything" then hopefully Judge Trager will "sensitize" them appropriately.

Re:

[NewYorkCountryLawyer]

Well now we're going to get their explanation: we didn't mean AOL confirmed she was the owner of an account used for copyright infringement; we meant we think an account was used for copyright infringement, and AOL confirmed she's the owner of that account.

We'll have to see how the judge feels about it.