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The RIAA has dropped its case against Chicagoan Paul Wilke, with the two parties moving to dismiss the case with prejudice in federal court late last week. Elektra v. Wilke was noteworthy in that the defendant vigorously contested all of the RIAA’s allegations, moving for summary judgment against the record label last month.
Wilke had been accused of the usual malfeasance by the RIAA: sharing music over a P2P network. Instead of settling the suit as many others have done, Wilke denied any wrongdoing. He claimed that he was not the “Paule Wilke” named in the complaint, had never used any filesharing applications, and that he did not own any of the songs reportedly flagged by Media Sentry.
Wilke’s argument that the RIAA did not have enough evidence for its lawsuit to go forward and subsequent motion for summary judgment apparently caught Elektra by surprise. The label responded with a motion for expedited discovery, indicating that it did not have enough evidence with which to fight the motion for summary judgment, and requested authorization for a search of Wilke’s computer in an attempt to find “evidence of copyright infringement on the defendant’s hard drive.”
In other words, they didn’t have shit, and wanted a fishing expedition. Since the RIAA began filing lawsuits against suspected file sharers in 2003, not a single one has gone all the way to trial. You either settle, or start fighting back, at which point they drop the case.
How is this not RICO worthy?