RIAA tries to delay 'pirate' case

Admits it is a bit short on evidence

By Nick Farrell: Monday 11 September 2006, 08:19
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THE RECORDING Industry of America Association (RIAA) is trying a new legal dance in its p2p case against Paul Wilke.

Wilke has told the RIAA to go forth and multiply over its claims that he pirated a selection of music. He has said some of the music that the RIAA claims he downloaded he didn’t, and other titles he has on his hard-drive he had purchased as legal CDs. In fact he has not even downloaded any media distribution system on his computer.

He is asking for the court to throw out the case because he says that the RIAA has no evidence.

The RIAA agrees that it does not have enough evidence, but has now formally asked to court to have more time to get it. It told the court that lots of people thought they were innocent, until the RIAA proved that they weren’t.
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Should the judge even allow the RIAA to go on a rather blatant fishing expedition to try and find evidence?

If I was the judge, I’d hint to the jury to fine the RIAA for being a public nuisance & charge them with making a mockery of the court-room.

I’m with Debro: the RIAA should be ordered to pay all court costs and attorney fees for the defendant, as the brief which was filed in the Oklahoma case. Besides, the burden of proof is on the plaintiff, so if the plaintiff wastes the court’s time, that’s a huge no-no and with any normal Joe would be thrown out without delay. This kind of thing should have been covered in most states “tort reform” (for greatly reducing frivolous lawsuits), but the RIAA must be above the law for the average U.S. citizen.