Monday, March 20, 2006

RIAA Opposes Defendant's Motion to Sever, Quash, & Vacate in Motown v. Does 1-99 with Memorandum of Law Only, No Jonathan Whitehead Declaration

Plaintiffs have served a memorandum of law opposing John Doe #48's Motion to (a) sever and dismiss as to John Does 2-98 due to the absence of a basis for permissive joinder, (b) vacate the ex parte discovery order on the ground that plaintiffs failed to submit evidence of their prima facie case, and (c) quash the ISP's subpoena on the ground that the complaint fails to state a claim for copyright infringement.

Unlike the opposition papers in Atlantic v. Does 1-25, in which a second declaration by Jonathan Whitehead was submitted which contradicted Mr. Whitehead's original declaration, the plaintiffs this time submitted no declaration or affidavit at all, relying instead solely upon their legal arguments.

Plaintiffs' Memorandum of Law In Opposition to Motion*

* Published online at Internet Law & Regulation

Keywords: copyright download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

1 comment:

David Fedoruk said...

I keep reading in texts by teh RIAA how P2P networks distribute "perfect digital copies" of their copyright works. This is most surely not true.

MP3's are not perfect copies. To achieve their small size they are compressed. The type of compression used is called "lossy" compression. It is called lossy for the simple reason that it throws away data.

Not only does it throw away data, but that data cannot be reconstructed exactly. These are not perfect copies and to many ears it is instantly audible.

Yet more music industry FUD.

Cheers.

David