RIAA Says It Doesn’t Have Enough Evidence

Without Pretrial Discovery the RIAA does Not Have Enough Facts to Oppose Paul Wilke’s Summary Judgment Motion

In Elektra v. Wilke, the Chicago RIAA case in which defendant Paul Wilke has moved for summary judgment, the RIAA has filed a motion for “expedited discovery”, alleging that it does not have sufficient evidence to withstand Mr. Wilke’s motion. The RIAA’s lawyer said

“Plaintiffs cannot at this time,
without an opportunity for
full discovery
present by affidavit
facts essential to justify
their opposition to Defendant’s motion.

Motion for Expedited Discovery*
Affidavit in Support of Motion for Expedited Discovery*

In his summary judgment motion * Mr. Wilke had stated that

1. He is not “Paule Wilke” which is the name he was sued under.
2. He has never possessed on his computer any of the songs listed in exhibit A [the list of songs the RIAA's investigator downloaded] He only had a few of the songs from exhibit B [the screenshot] on his computer, and those were from legally purchased CD’s owned by Mr. Wilke.
3. He has never used any “online media distribution system” to download, distribute, or make available for distribution, any of plaintiffs’ copyrighted recordings.