RIAA Says It Doesn't Have Enough Evidence

NewYorkCountryLawyer writes "In Elektra v. Wilke, the Chicago RIAA case in which defendant Paul Wilke has moved for summary judgment, the RIAA has responded to the summary judgment motion by filing a motion for 'expedited discovery', alleging that it needs expedited pretrial discovery because it does not have sufficient evidence to withstand Mr. Wilke's motion. The RIAA's lawyer said: 'Plaintiffs cannot at this time, without an opportunity for full discovery present by affidavit facts essential to justify their opposition to Defendant's motion.' The motion and supporting affidavit are available online."

Re:Since submitter is a lawyer ...

[Talez]

Allow me to try.

Defendant: I'm tired of this bullshit. Show me what you really have so we can get this over and done with.
RIAA: Uhhh... shit. We don't have a thing. Your honour could we please search everything the defendant owns in order to find something?

Re:Since submitter is a lawyer ...

[martin-boundary]

Ok, I'll translate for you but bear in mind I've been watching a lot of TV recently so I'm a little zoned out and it might not all make sense:

The RIAA claim they got attacked by Paul Wilke in 2001 when Paul allegedly flew his ftp client into a Warez carrier. Of course this was before Hilary Rosen's "resignation" as the RIAA's chief anti-piracy lead, which I'll come back to. Now the RIAA are claiming that Paul can copy an MP3 within 45 minutes, which is contentious because they can't really tell the judge _which_ MP3s Paul can copy so fast. But given the nature and extreme urgency of the threat, they're asking the Judge for the right to go into Paul's house _right now_ and change the OS on his PC. Apparently, once they've liberated his hard disk, it'll be trivial to find tons of hidden MP3s.

Naturally, Paul isn't too happy about this, and he's been talking with his French lawyer about vetoing the proposal, which is what this letter is about. Right now, we're all wondering if the judge is going to make a resolution, and if the RIAA will go it alone anyway if it doesn't look like it'll work out for them.

Grok Some Law

[somethinghollow]

But what does Grok Law have to say about all this?! I'm lost without them.

Re:Since submitter is a lawyer ...

[Alien Being]

"There's a whole web site dedicated to this somewhere..."

I think there's a whole island.

Something else to annoy you

[rbarreira]

I'm just tired of flamewars about the metric system vs. the English system
(....)
they're all just stupid conventions

No they're not, only one of those is :P

WARNING! DON'T READ PARENT POST

[hyfe]

Atleast if you don't enjoy have mean men in black suits knock on your door.

He admits himself in his own signature that he's giving out illegal advice. Illegal advice!

- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.

Re:Buy Cheap Meds online!

[Anonymous Coward]

Buy Cheap Meds online!

Anyone who misspells "M3ds" probably doesn't have the V1agra I want.

Re:While not unheard of

[binkzz]

"It's a smelly, scummy sort of ambulance chaser that doesn't have his/her ducks in a row before they baste some poor person in oil and fry them before the bench."

I bet no-one's ever uttered that exact sentence ever before.