New Mexico Denies RIAA Discovery

Author
Aron Schatz
Posted
June 21, 2007
Views
6302
Tags Legal RIAA

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NM may be one of first states to stop this RIAA discovery nonsense. Denying discovery means that the RIAA can't just probe around for information that they don't have for a case.

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The RIAA has argued that it would suffer irreparable harm unless immediate discovery was allowed, but Judge Garcia didn't find that argument convincing. "While the Court does not dispute that infringement of a copyright results in harm, it requires a Coleridgian 'suspension of disbelief' to accept that the harm is irreparable, especially when monetary damages can cure any alleged violation," wrote the judge. "On the other hand, the harm related to disclosure of confidential information in a student or faculty member’s Internet files can be equally harmful."

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