Copyright Law

RIAA asks court to accelerate June 5th hearing to next week, to rule that Chicago deposition can be taken by telephone, & to consider 'new' evidence

By Ty Rogers and Ray Beckerman

In SONY BMG Music Entertainment v. Tenenbaum, the RIAA has made a motion to:

-accelerate the June 5th hearing to next week; and
-take the Chicago deposition of a 'mystery witness' by telephone.

Plaintiffs' motion to accelerate June 5th hearing and for permission to conduct Chicago deposition of unnamed witness by telephone

Additionally, plaintiffs filed a "supplemental memorandum" in connection with a motion they made approximately 6 months ago, on the ground that they it contained "new evidence" they obtained 8 months ago.

Plaintiffs' Supplemental Memo in support of motion to compel discovery responses

[Ed. note. Time, once again, to remind the law students and fledgling lawyers out there not to practice law this way : (a) it is not recommended practice to tell a judge that she should accelerate the hearing date she set for decision of a number of motions based on voluminous paperwork, (b) there is no basis in the law for making a motion to compel a deposition without revealing the identify of the witness, the subject matter, etc., (c) it is inappropriate to attempt to submit as "new evidence" in support of a motion evidence which was in your possession two months prior to your making the motion, and (d) it is inappropriate to submit any "evidence" by a memorandum of law. Again I just want to remind you that this case is being litigated in a strange way by both sides, and there is nothing going on that should be emulated. It looks like both sides' attorneys are trying their hardest, not to win, but to lose, the case. Just disregard everything you see. I'm tempted to stop coverage of this case, because... well because I can't bear to watch. I'm going to start taking a poll on that; please respond by comment to this post. -R.B.]

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Full post as published by Recording Industry vs The People on April 30, 2009 (boomark / email).