Judge Lets RIAA Subpoena Defendant's Employer

NewYorkCountryLawyer writes "A judge has ruled that the RIAA can subpoena the defendant's employer in a case pending in Manhattan federal court, Atlantic v. Shutovsky. The judge's order (pdf) contained eight separate rulings deciding 19 pages of discovery disputes (pdf), resolving virtually all of them in favor of the RIAA. Other decisions made include: 'The plaintiffs were permitted to take depositions of Mr. Shutovsky's wife and his brother. Plaintiffs were required to produce all non-privileged documents or materials relating to any investigation and any sound files on their computer, and to produce a privilege log as to any claimed to be privileged. Defendant was required to provide the name and address of each person who used his computer during the three years prior to commencement of the lawsuit.'"

Comments

Out of control

[SuSEboy]

3 years eh? Good luck with that.

Re:Do your own damned work.

[Anonymous Coward]

It's not a matter of evidence. The burden is on the defendent, since it is copyright law.

Sigh, so different from Germany

[renoX]

Poor americans, when you compare what was the German more sensible reaction
http://yro.slashdot.org/article.pl?sid=07/08/02/16 47221 and this one..

Re:Bad news for IT techs

[pfleming]

What's even worse is that they are asking for "By September 4, 2007, defendant is directed to produce all hard drives or data storage units, whether removable or not, which are in his possession and control, including but not limited to all hard drives or data storage units of any computer that through which he had internet access on or about August 17,2005."
So how many hard drives is that? I know that sometimes in a given day I may access the internet from two or three different computer systems/networks. I also have boxes full of hard drives sitting on the shelf. How the hell can they ask for so much that they might shut down entire businesses? There didn't even seem to be a time limit. I say stop buying stuff (and downloading/using it) from companies/groups/vampires that treat their customers like criminals.

An outrage

[cyphercell]

This is a horrific application of legal theory, in fact it flies in the face of US court proceedings. It's called "burden of proof" and without it you are guilty until proven innocent, literally you are tasked with proving yourself innocent.

It's a sad day indeed when a privately owned entity can practice McCarthyism and nobody notices. Welcome to the United Corporations of America, an experimental perversion of capitalism, totalitarianism, and military dictatorship.

Free speech is all we have left.

You have to be kidding me.

[papabear1134]

Ok, so I looked into some of what was written in the discovery document. Couldn't get past the first few pages.

First thing that jumped out at me.

Page 2, para 1 (defendant)
"He has offered to provide copies of his passport to demonstrate conclusively his absence fromt he U.S. during the times when song files were allegedly downloaded, but that is apparently not sufficient for the plantiffs."
--
Page 3, para 2 (plantiff)
"Defendant has produced certain pages of his passport to Plantiffs, but those pages are inconclusive as to the Defendant's travel abroad."

Ok, so since when is a copy of your passport (with dated stamps of countries you entered) NOT conclusive you traveled there at that time?

Next.

Page 2, para 2 (defendant)
"...I delivered his computer to Mr. Guida on June 7th for creation of a mirror drive. The computer has been returned, and I am informed that the mirror drive has been done. I have just received their expert's forensic report."

So... guessing Nothing was found, otherwise the plantiff wouldn't keep pushing so hard to get some evidence.

Last thing that caught my attention before I gave up reading it.

Page 3, para 3
"Specifically, the computer produced by Defendant does not contain any evidence of Verizon software necessary to connect to the internet via the Verizon network..."

Are these people serious? I mean, they believe you HAVE to install your ISP's bloated crapware to connect to the internet... Never once in my life have I ever installed the ISP's software, you DON'T have to, and better you don't. When I read that I gave up on reading more. Half of the lawyers, judges, and people in government (more along the lines of 90% of them..) need to be shot. They are way behind the times, pushing through judgements and laws without understanding what it is they are dealing with.

This is the number one problem with this country currently, Outdated laws, and law makers.