“The recordings are hosted on two video platforms and are subject to those platforms’ terms of service, which based on the Defendants’ due diligence prohibit end users from downloading their own copies without prior consent.”
Ripple has requested permission from the court to serve two non-party subpoenas in order to obtain copies of seven video recordings for authentication. The SEC has not consented to this request as the XRP lawsuit drags on.
The defendants request addresses the July 19 order that directs both parties to meet and confer about Requests for Admission (RFAs) asking to authenticate the seven specified videos in which SEC officials made public remarks.
“Such agreement might entail creating downloaded versions on the remarks for the purposes of authentication and preservation”, the Judge said on the July 19 ruling.
The SEC seems to be only creating barriers to a swift lawsuit as the plaintiff told Ripple it will only seek to authenticate the remarks once Ripple provides them with downloadable copies of the videos, despite the content being available online (Youtube, e.g.).
“The recordings are hosted on two video platforms and are subject to those platforms’ terms of service, which based on the Defendants’ due diligence prohibit end users from downloading their own copies without prior consent. Defendants have thus sought consent from both platforms”, the letter stated, adding that the video platforms asked Ripple to serve a subpoena before handing over the videos.
“The SEC has not consented to this request. Specifically, the SEC has communicated to Defendants that it would consent only if Defendants agree to reopen discovery so that the SEC could now serve its own set of subpoenas to obtain copies of unspecified reconrdings in support of its claims, and only if Defendants further agree to waive any authenticity and procedural objections to the unknown SEC videos.
“The SEC’s attempt to bootstrap such conditions onto compliance with the order is wholly improper. The SEC did not serve any authenticity to RFAs during discovery, and Defendants strongly object to any attempt by the SEC to reopen discovery”, the letter added.
Why the SEC does not consent the subpoena request meant to comply with the Judge’s July 19 ruling can only be explained with past behavior in court, looking to drag the lawsuit as much as possible.
XRP community friendly attorney Jeremy Hogan went to twitter to complain of the SEC’s behavior on this matter. “Ripple simply wants to authenticate 7 videos of SEC employees giving speeches and the SEC is messing around AGAIN with it (the SEC played games in responding originally last year). Authentication is standard stuff in litigation and should not be this difficult.
“Also, on a personal note, I hope that Ripple gets these videos authenticated because 3 of them are of former Commissioner Robert Jackson! And Judge Torres NEEDS to see his videos just for entertainment value.”