Copyright Law

RIAA having a tough time following the rules and the court's instructions in Nebraska, in Arista Records v. Does 1-6

By Ty Rogers and Ray Beckerman

In a Nebraska case, Arista Records v. Does 1-6, although the case is ex parte, the RIAA seems to be having a tough time following (a) the rules and (b) the Court's instructions.

First their motion for discovery was denied because they'd failed to follow the local rules. The Court's order denying the motion appended a copy of the rules for the RIAA's lawyers to read.

Then, after the Court allowed them discovery and established a schedule, the RIAA's failure to follow the schedule resulted in a Report and Recommendation from the Magistrate Judge recommending dismissal of the case, but "without prejudice".

[Ed. note. Why would the dismissal be "without prejudice"? It seems to me that if a case is dismissed for failure to follow the Court's orders, the dismissal should be "with prejudice". - R.B.]

Order denying motion for discovery
Order granting motion for discovery
Report and Recommendation recommending dismissal "without prejudice"

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Full post as published by Recording Industry vs The People on December 19, 2008 (boomark / email).