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December 29, 2005

How does Organized Music get to victims? Lawyer Ray Beckerman, who's been working with Santangelo since the begining, explains:

A lawsuit is brought against a group of John Does with the corporate headquarters of the ISP as the location of the lawsuit. But, "All the RIAA knows about the people it is suing is that they are the people who paid for an internet access acount for a particular dynamic IP address," says Beckerman, going on:

"The 'John Does' may live - and usually do live - hundreds or thousands of miles away, and are not even aware that they have been sued. The case may drag on for months or even years, with the RIAA being the only party that has lawyers in court to talk to the judges and other judicial personnel.

"The RIAA - without notice to the defendants - makes a motion for an "ex parte" order permitting immediate discovery. ('Ex parte' means that one side has communicated to the Court without the knowledge of the other parties to the suit. It is very rarely permitted, since the American system of justice is premised upon an open system in which, whenever one side wants to communicate with the Court, it has to give prior notice to the other side, so that they too will have an opportunity to be heard.).

"The 'ex parte' order would give the RIAA permission to take 'immediate discovery' - before the defendants have been served or given notice - which authorizes the issuance of subpoenas to the ISP's asking for the names and addresses and other information about their subscribers, which is information that would otherwise be confidential.

(Continued at p2pnet.net)


Originally from p2pnet.net, remediated by yatta on Dec 29, 2005 at 07:21 PM