In SONY v. Crain, the RIAA's East Texas case against an elderly Hurricane Rita survivor who has never engaged in file sharing, the RIAA has made a motion to dismiss Ms. Crain's counterclaim for a declaratory judgment of non-infringement. Ms. Crain's attorney, John Stoneham of Lone Star Legal Aid, has opposed the motion, pointing out -- among other things -- that a similar motion had been made by the RIAA in Capitol v. Foster, and rejected.
Plaintiffs' Memorandum of Law in Support of Motion to Dismiss Counterclaim for Declaratory Judgment*
Defendant's Memorandum of Law in Opposition to Motion to Dismiss Counterclaim for Declaratory Judgment*
* Document published online at Internet Law & Regulation
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