A new contested case has come up, this one in Charleston, South Carolina: Interscope Records v. Thomas J. Korb.
Mr. Korb asserts a number of defenses, including assertions that he has never even had an account with Kazaa, which he is accused of using; the unconstitutionality of the RIAA's $750-per-song damages theory; that the Kazaa/RIAA settlement bars the RIAA's recovery; that plaintiffs' conduct violates public policy, the federal RICO act, and antitrust law; fair use; unclean hands; and other defenses.
Additional Mr. Korb counterclaims for attorneys fees and costs, and for a declaratory judgment.
Answer and Counterclaim in Interscope v. Korb, 3:06-cv-2644, U.S.Dist.Ct.,Dist. So. Carolina, Charleston Divis.*
Mr. Korb is represented by Jason Scott Luck, of the Seibels Law Firm, P.A., in Charleston, South Carolina.
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