Tuesday, July 17, 2007

Recording Industry suffers setback in Newport News

We previously sketched an outline of the typical recording industry lawsuit: "(1) the mass lawsuit against a large number of 'John Does'; (2) the "ex parte" order of discovery; and (3) the subpoenas demanding the names and addresses of the 'John Does'." Courts have begun denying the ex parte order of discovery in certain cases. Judge Kelley denied such a request for a subpoena served on the College of William and Mary ruling that the College does not fall within the definition of "cable operator" as set forth in 47 U.S.C. § 522(5), and even if it did, the RIAA could not obtain a subpoena because it is not a governmental entity. As this blog asserts, similar rulings could eliminate the RIAA's ability to obtain a subpoena for such records without providing the potential defendants with an opportunity to contest.