It seems like only a week or two ago when I heard about the RIAA deciding to walk away from one of their infamous “Discovery” cases. You know the kind, where they bring a lawsuit against a whole bunch of John Doe’s and come in demanding that their real identities be handed over so that they can sue the pants off of each one.
Well, apparently just a few days ago in the case of BMG Music v. Does 1-14, in Greensboro, North Carolina they’ve done it again. The downside is that two of them had already reached a settlement with the RIAA. Because the case has been dismissed without prejudice, the remaining 12 defendants will now never be identified to the RIAA or BMG Music.
Do you see a trend growing here? This is like the third or fourth time they’ve had to walk away from these cases. Could it be at least in part because more and more judges are unwilling to rubber stamp those ex-parte discovery orders anymore? Think maybe that the legal system is getting tired of being used to hammer people that don’t really need it?
Maybe it could have something do with judges realizing that, like I’ve said many times, “Big Content” would be much better served going after the big time commercial pirates and leaving the file sharing people alone. In a very real way “Big content”, the RIAA, MPAA and assorted other reps of “Big Content” have been shooting themselves in the foot for a long time now. They need to get the idea that file sharing and P2P is not going to go away. They really ought to think of ways to take advantage of it instead of squashing it.
[Tags]john doe, greensboro north carolina, riaa, mpaa, big content, without prejudice, p2p, pirates, discovery, ex parte discovery, bmg music, ex parte[/tags]