Copyright Law

Motion to vacate default granted, without opposition, in SONY BMG Music v. Stade, Rochester, NY, case

By Ty Rogers and Ray Beckerman

In SONY BMG Music v. Stade, a Rochester, New York, case, against a student who had been studying abroad in Croatia at the time of service of the summons and complaint, the RIAA has changed its position.

After first forcing the defendant's lawyer to make a motion to vacate default, the RIAA lawyers then relented, deciding not to oppose the motion.

Their motion for a default judgment was denied, and the motion to vacate granted.

Order granting motion to vacate default

[Ed. note. How characteristic of Holme Roberts & Owen to force the defendant's lawyer to prepare a completely unnecessary set of motion papers. They are a disgrace to the legal profession. -R.B.]

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Full post as published by Recording Industry vs The People on January 13, 2009 (boomark / email).