February 8, 2008

Is the Shelf-Life of the DOE-Cases About to Expire?

Another cookie-cutter complaint, application and memorandum of law identical to dozens of DOE cases filed in the past month was filed this week in the District of D.C. (...yawn...).

[Capitol Records, Inc. et al. v. Does 1-9; filed 2/06/08 in D.D.C.; case no. 1:08-cv-00210-RMU]

However, with the RIAA receiving pressure from DOES, and the Electronic Frontier Foundation being granted leave to file an amicus brief in other cases, how much future does these form pleadings & motions have?

Similarly damaging to the RIAA's DOE cases is that they appear to be using an unlicensed private investigator, MediaSentry, to investigate unauthorized file-sharing and determine P2P user's ISPs. The legality of MediaSentry's actions, and the admissibility of any evidence obtained by them, is questionable, as recently recognized by the Hon. Judge Castel in the SDNY. (See e.g., N.Y. Gen. Business Law secs. 70, 71, and 83.)

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