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16 Nov 2007, 10:56 am
Does 1-19, the District of Columbia case, being handled by Matthew Oppenheim personally, which targets students at George Washington University, the Court -- after reading the motion to quash filed by John Doe #3 -- has on its own initiative issued an Order to Show Cause ordering the plaintiffs to show cause, on or before November 29th:-why the defendant's motion should not be granted; and-why the Court's ruling should not be applicable to all of the other John… [read post]
15 Nov 2007, 8:48 am
Both Andy and John suggest that the credibility of my argument about the "case study" in the second part of the article is affected by the fact that I learned about the case as a consultant to one side and/or by my limited disclosure about my participation. [read post]
14 Nov 2007, 3:01 am
The normal game is to bring an ex parte lawsuit (i.e. no one other than the RIAA knows about it), and without any opposition submit an ex parte motion for an ex parte discovery order authorizing service of a subpoena to get the name and address of the students or staff who might have used a certain IP address.But the normal game seems to be getting disrupted here and there. [read post]
14 Nov 2007, 1:14 am
A George Washington University student, known only as "John Doe #3", has made a motion to vacate the RIAA's ex parte discovery order, quash the subpoena issued pursuant to the order, and to dismiss the complaint, in Arista v. [read post]
14 Nov 2007, 12:06 am
On Monday I wrote about a National Law Journal article discussing Ex rel. [read post]
13 Nov 2007, 5:44 pm
Ex: if I search for "mercedes" in Google, I get local Mercedes dealers in the Bay Area. [read post]
8 Nov 2007, 11:56 pm
Judge Dismisses Suit Against NYSE, Says Plaintiffs Are 'More at Fault' New York Law Journal A New York judge has dismissed claims against the New York Stock Exchange and CEO John A. [read post]
7 Nov 2007, 7:49 am
Ex Parte Yang-Huffman (link) (Software ‘per se’ is not patentable subject matter) Ex Parte Kinzhalin et al. [read post]
7 Nov 2007, 2:19 am
Google, a New York court has reaffirmed the principle that "John Doe" identity information cannot be disclosed absent:-prior notice to the anonymous person;-affording the anonymous person an opportunity to be heard in opposition to the application; and-an evidentiary showing of a prima facie case against the anonymous person.Application of this principle to the RIAA cases would defeat all of the RIAA's ex parte discovery applications.October 23, 2007,… [read post]
22 Oct 2007, 2:59 pm
John WardHolding: Motion for Stay Pending Ex Parte Reexamination DENIEDSuccinct opinion from Judge Ward outlining the standards for staying a case pending reexam, and finding that they were not met in this case. [read post]
19 Oct 2007, 10:05 am
Lacey explained the background of his arrest, and how special prosecutor Dennis Wilenchik had attempted ex parte communications with the judge overseeing a grand jury investigation of Phoenix New Times. [read post]
18 Oct 2007, 8:28 pm
As I breezed through the courthouse lobby today, I studied the new bronze statue that regales the space.I realized it celebrates unethical behavior.Three images appear: one judge--as evidenced by the robe; one attorney--as evidenced by the briefcase; and one client--as evidenced by the casual sartorial display.A missing image--the opposing party (or his/her/its counsel).Except in John Grisham novels, lawyer and judicial ethics generally prohibit such "ex parte"… [read post]
16 Oct 2007, 10:27 am
Does 1-38, in Raleigh, North Carolina, to make a motion to vacate the ex parte discovery order that was entered without their knowledge, to quash the subpoena served pursuant to that order, and to dismiss the case altogether due to improper joinder.This is the fifth such motion of which we are aware, but the first in which such a large group of students joined together to fight the RIAA.All seven students are represented by Robertson, Medlin & Blocker, in Greensboro, North… [read post]
15 Oct 2007, 8:37 pm
  This common Web site would not replace the consumer parts of each agency's Web sites. [read post]