Recording Industry sues Newport News grandmother

The RIAA is back at it suing individuals for downloading songs to protect jobs for the industry "suits" under the guise of protecting the artists. In this case, a Newport News grandmother was sued by the RIAA because somebody allegedly used her computer and allegedly illegally downloaded songs. All of this is "allegedly" because if you read this article the procedure used by the RIAA against individuals is pathetic revolving around a process of "(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'." This blog provides a wealth of information on defending these lawsuits from the attorneys Ty Rogers and Ray Beckerman of the law firm Vandenberg & Feliu, LLP.

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.