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."

Comments

Re: Since submitter is a lawyer ...

[AngryNick]

A Summary Judgment is where the Judge makes a decision without a full trial. Sort of like moding a post as "troll" because the title reads "Buy Cheap Meds Online" (see experiment below).

The guy being attacked by the RIAA is just asking the Judge to decide the case without getting into all the expensive details of a long, bitter trial. He is effectively saying to the Judge that the RIAA has already presented all the evidence needed to make a correct decision in his favor.

I wouldn't get too excited. I assume most fights start out with one party saying "[This is stupid.] Now leave before I taunt you a second time!" (OMPQ)