Defendant Moves for Summary Judgment, and After RIAA First Asks for Discovery, RIAA Folds.
From Recording Industry vs The People:
We have just learned that the RIAA has dropped the Wilke case in Chicago.
Stipulation of Dismissal with Prejudice*
This is the case in which Mr. Wilke moved for summary judgment, stating 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.
The RIAA’s initial response to the summary judgment motion, prior to the dismissal, had been to cross-move for discovery, indicating that it did not have enough evidence with which to defeat Mr. Wilke’s summary judgment motion.
Mr. Wilke was represented by Saper Law Offices of Chicago, Illinois.
In response to our question as to whether any money had changed hands in connection with the settlement, Mr. Wilke’s attorneys responded: “Plaintiffs, the RIAA, and SBC worked cooperatively and amicably to resolve this dispute.”
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