March 30, 2011 | By Julie Samuels

Judge Stays Discovery in OpenMind v Does

UPDATE: The Court in OpenMind Solutions v. Does 1 – 2925 heard oral argument on April 11, 2011. At the end of the hearing — during which the judge expressed some initial concerns with OpenMind's attempt to lump the defendants into a class action — the judge requested that OpenMind and EFF submit briefs on the merits of the class action lawsuit. Those briefs will be due in two weeks; we will then wait for a ruling from the Court. In the meantime (as reported below), discovery remains stayed.

As we've been reporting for some time, a series of lawsuits has been filed across the U.S. against thousands of individuals accused of having illegally uploaded and downloaded copyrighted works in violation of copyright law. One of the latest of those suits is a case called OpenMind Solutions v. Does 1 – 2925, a case in which EFF filed an amicus brief asking the judge to quash the subpoenas seeking the identities of the nearly 3,000 anonymous defendants.

We are glad to report that the judge has decided to stay discovery pending a hearing on the issues EFF raised in its brief, which means that (at least temporarily), ISPs need not comply with the subpoenas sent out by OpenMind’s attorney John Steele.

The hearing in this case is scheduled for April 11. In the meantime, if you are an ISP or an anonymous Doe defendant, you should make sure your attorney is aware of the judge’s order. For more information, or if you have further questions, consult EFF’s Subpoena Defense Resources page.


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