New Jane Doe ‘quash’ case
p2p news / p2pnet:- Another ‘Jane Doe’ wants an RIAA action, designed to force her ISP to hand over personal information, thrown out of a Manhattan court.
EMI Group (UK), Vivendi Universal (France), Sony BMG (Japan, Germany) and Warner Music (US) together make up the Organized Music cartel which uses subpoenas from its RIAA (Recording Industry Association of America) to gain information on people it claims are causing serious damage to its members’ bottom lines by sharing digital music files with each other.
In a similar case, New York judge Robert W. Sweet turned down an appeal to have an RIAA demand for the identity of a Jane Doe quashed. He agreed with cartel lawyers that “continuing infringement” from the date of the cartel complaint was enough justification to name the woman.
Once a label scalp hunter gets an ID, it sells the information to the cartel which then attempts to blackmail the newly identified victims into paying a ’settlement’ fee.
None of the so far 14,800 victims has seen the inside of a court because they have no chance of standing up to the multi-billion-dollar music industry, allowing the cartel to characterize them as criminals, with the help of the mainstream media which report RIAA releases as though they come from a credible source. And in the process, the concept of ‘Innocent until proven guilty’ goes by the board.
In the first case, ex-New York City deputy mayor Sweet, aged 82, merely scribbled his observations in the margin of the quash document.
Meanwhile, Ray Beckerman, Ty Rogers and Dan Singer, acting for the as-yet unidentified defendent in the new case, want Judge Richard J. Holwell to throw it out on the grounds that it’s based on an, “insufficiency of the underlying complaint for failure to allege specific acts, dates, and times of copying”.
Holwell is scheduled to hear the appeal on December 7 at 10 am in Manhattan federal district court, 500 Pearl Street, New York.
The Jane Doe in the Sweet case had 10 business days to appeal and request an emergency stay of enforcement from the appeals court.
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See:-
first case – Jane Doe vs Big Music, October, 2005
acting for – New Motion to Quash by Another Jane Doe in Interscope v. Does, October 14, 2005
October 17th, 2005 at 10:21 am
The judge is on the take or is senile.
At 82 years, a judge should not be on the bench.
October 17th, 2005 at 3:53 pm
So now it’s not innocent until proven guilty it’s a witch hunt. You don’t actually have to prove someone did something to sue them, you just need to point in their general direction and scream witch!
October 18th, 2005 at 6:47 pm
you would hope and expect that in the United States when you’re brought up on charges of a crime, that they would clearly indicate to you what that crime is.
This in effect, makes it possible for a cop to give you a ticket for a month, indicating that hey, you sped during that month.