Tuesday, October 31, 2006

New Contested Case in Brooklyn, Elektra v. Schwartz

A disabled mother, who has never engaged in file sharing or downloading, has been sued in Brooklyn, in Elektra v. Schwartz. She has interposed a counterclaim for attorneys fees, and has asked the Court for a premotion conference, or waiver of such a conference, so that she can proceed with a motion for summary judgment:

Answer and Counterclaim*
Exhibit A to Answer and Counterclaim (Amicus Brief in Capitol Records v. Debbie Foster)*
October 28, 2006, Letter of Ray Beckerman to Judge Trager (In connection with summary judgment motion)*
November 1, 2006, Letter of Richard J. Guida to Judge Trager (In connection with summary judgment motion)*

* Document published online at Internet Law & Regulation

Commentary & discussion:
"RIAA sues multiple sclerosis Mum" (p2pnet)
p2pnet.net
Digital Music Weblog
LittleRadio.com

Keywords: digital copyright online 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

Shawn Hogan Moves to Dismiss MPAA Case on Ground of Defective Copyright Registration

In Universal v. Hogan, the MPAA's case against internet executive Shawn Hogan, based upon alleged file sharing concerning a single film -- "Meet the Fockers" -- Mr. Hogan's attorneys have made a motion to dismiss the complaint on the ground that the copyright registration was defective. According to Mr. Hogan's papers, the copyright registration was not applied for until two (2) months after the applicant had previously sold off the rights to "Meet the Fockers":

Motion to dismiss complaint*
Declaration of Seyamack Kouretchian in Support of Motion to dismiss complaint*

* Document published online at Internet Law & Regulation

Commentary & discussion:
p2pnet.net
TechDirt


Keywords: digital copyright online 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

Friday, October 27, 2006

Court Refuses to Allow RIAA Access to Defendant's Hard Drive in SONY v. Arellanes; Only Neutral Expert May Examine

In SONY v. Arellanes, the Court has refused to allow the RIAA untrammelled access to the defendant's hard drive, holding instead that only a mutually agreeable, neutral computer forensics expert may examine the hard drive, and that the parties must agree on mutually acceptable provisions for confidentiality:

October 27, 2006, Order, Restricting Hard Drive Inspection to Inspection By Mutually Agreed Upon Neutral Computer Forensics Expert*

Ms. Arellanes is represented by John G. Browning, of Browning & Fleischman, located in Dallas, Texas.

* Document published online at Internet Law & Regulation

EDITORIAL COMMENT: "This ruling is of great importance, and should be considered a model to be followed in all future RIAA v. Consumer litigations. The chicanery and gamesmanship that is going on behind the scenes with the hard drive report in the UMG v. Lindor case, which my office is handling, demonstrates that it is not safe to permit the RIAA to conduct its own, behind the scenes hard drive analysis by its own so called expert. The SONY v. Arellanes decision balances and protects the rights of both sides in a fair and evenhanded manner, which is usually anathema to the RIAA."
-R.B.


Further commentary and discussion:

p2pnet.net
Internet Cases
groklaw
Digital Music Weblog
digg
Slashdot
Ars Technica
Tech Dirt
TechSpot
BroadbandReposts.com

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Keywords: digital copyright online 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

Wednesday, October 25, 2006

In UMG v. Lindor RIAA Insists It Doesn't Have to Produce Hard Drive Report Until Discovery Cutoff Date Despite Promises to Produce it Earlier

As we reported yesterday, two and a half months after it had made a "mirror image" of the hard drive of the computer in Marie Lindor's apartment, the RIAA backed off of its previous promise to deliver its expert's forensics report by October, 12th, now claiming it didn't have to produce the report until the December 31st discovery cutoff date. Ms Lindor's lawyers asked the Magistrate Judge to dismiss the complaint.

Now, in response to that motion, the RIAA is repeating to the Magistrate what it had said to Ms. Lindor's lawyers, that its previous agreements as to the time frame were just "professional courtesy", and that they are not required to give the report to the defendant's lawyers until December 31st:
October 25, Letter of Richard L. Gabriel (Hard Drive Report)*
Attachment to October 25 Letter of Richard L. Gabriel (Hard Drive Report)*

Ms.Lindor's motion:

October 23, Letter of Ray Beckerman (Hard Drive Report)*
Attachments to October 23, Letter of Ray Beckerman (Hard Drive Report)*

* Document published online at Internet Law & Regulation



Keywords: digital copyright online 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

RIAA and Tallie Stubbs Battle it Out in Oklahoma; RIAA Trying to Withdraw "Without Prejudice" So it Won't be Liable for Attorneys Fees

An interesting battle is going on in Oklahoma in Warner v. Stubbs.

Regular readers may recall that in Capitol Records v. Foster, the judge held that the RIAA's discontinuance of the lawsuit "with prejudice" was the same as a win for the defendant, and made her a "prevailing party" eligible for attorneys fees.

When they ran into Marilyn Barringer-Thomson, the same lawyer who was representing Debby Foster, in their next go-round, the Stubbs case, they immediately sought to discontinue the case. In one part of the motion they said it was "with prejudice"; in another part they said "without prejudice".

Apparently mindful that discontinuing "with prejudice" could subject them to liability for attorneys fees in the Stubbs case, they quickly sought to correct their motion to say "without prejudice", and the judge allowed them to make that correction:

Order permitting correction.

Ms. Barringer-Thompson opposes that, saying the RIAA's motion, saying the dismissal has to be "with prejudice".

Here are some of the latest salvoes fired in that ongoing skirmish (the terminonology used in these Oklahoma cases is different than that used by New York lawyers such as myself, so I apologize if I've incorrectly named some or all of the document):

October 1, 2006, Defendant's Objection to Plaintiffs' Reply*
October 10, 2006, Plaintiffs' Response to Defendant's Objection*
October 24, 2006, Defendant's Reply to Plaintiffs' Response*

* Document published online at Internet Law & Regulation

Commentary and discussion:

TechDirt
Ars Technica
Digital Music Weblog
p2pnet.net
digg
Blogger News Network

Other languages:

Ultimativ-Board
gulli

Keywords: digital copyright online 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

Tuesday, October 24, 2006

RIAA Balks at Producing Report of Hard Drive Inspection in UMG v. Lindor

Two and a half months after it made a "mirror image" of the hard drive of the computer in Marie Lindor's apartment, the RIAA has yet to produce its forensic expert's report on his inspection of the drive.

Although initially saying they would get the report to Ms. Lindor's lawyers by October 12th, the RIAA's lawyers now claim that the only deadline they need to concern themselves with is the December 31st discovery cutoff.

Ms. Lindor's lawyers have asked the Magistrate Judge to sanction the plaintiffs:

October 23, Letter of Ray Beckerman (Hard Drive Report)*
Attachments to October 23, Letter of Ray Beckerman (Hard Drive Report)*

* Document published online at Internet Law & Regulation

Commentary and discussion:
Digital Music Weblog
p2pnet.net

Keywords: digital copyright online 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

Deposition of UMG Employee JoAn Cho Now Available Online

The transcript of the September 7, 2006, deposition of UMG in-house lawyer JoAn Cho, in UMG v. Lindor is now available online:

Transcript of September 7, 2006, deposition of JoAn Cho*

* Document published online at Internet Law & Regulation

Keywords: digital copyright online 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

Sunday, October 22, 2006

RIAA's Contention that its MediaSentry Agreements are "Privileged" is Challenged by Marie Lindor

In UMG v. Lindor, defendant Marie Lindor has challenged the RIAA's attempt to designate its contracts with MediaSentry, Inc., as "privileged" under the doctrines of "attorney client privilege" and "work product privilege":

Declaration of Ray Beckerman dated October 22, 2006, in opposition to RIAA motion for protective order*
Defendant's Memorandum of Law in opposition to RIAA motion for protective order*

Copies of the RIAA's September 27th protective order motion, to which Ms. Lindor's attorneys are responding, may be accessed here

* Document published online at Internet Law & Regulation

Commentary and discussion:
p2pnet.net

Keywords: digital copyright online 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

Wednesday, October 18, 2006

Digital Music News reports: eMusic picks up ground in Europe

Report by Digital Music News:

eMusic Gains Early Ground in Europe, Grabs 20,000 Subs

Just two months after launching in Europe, independent music download store eMusic has grabbed a healthy 20,000 subscribers. The company beta launched in the region in early August, and officially announced its arrival the following month. The new subscriber base has purchased a total of two million downloads, according to the company.....

Complete article

Link to eMusic

Keywords: digital copyright online 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

Tuesday, October 17, 2006

RIAA Claims to Have Brought 8000 New Cases Worldwide

BBC reports that the RIAA is claiming to have commenced 8000 new cases worldwide, adding to the 31,000 it claims to have already commenced:

http://news.bbc.co.uk/2/hi/technology/6058912.stm

Keywords: digital copyright online 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

Monday, October 16, 2006

Case Management Schedule Set in Arista v. Lime Wire

A case management order has been signed in Arista v. Lime Wire.

The court fixed July 13, 2007, as the closing date for discovery, and October 10, 2007, as the day for final briefs in connection with summary judgment motions.

October 16, 2006, Case Management Order*

* Document published online at Internet Law & Regulation

Discussion & commentary:

p2pnet.net
Digital Music Weblog

Table of Cases


Keywords: digital copyright online 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

Friday, October 13, 2006

RIAA Drops Wilke Case in Chicago

We have just learned that the RIAA has dropped the Wilke case in Chicago.

Stipulation of Dismissal with Prejudice*

This is the case in which Mr. Wilke moved for summary judgment, stating that:

1. He is not "Paule Wilke" which is the name he was sued under.
2. He has never possessed on his computer any of the songs listed in exhibit A [the list of songs the RIAA's investigator downloaded] He only had a few of the songs from exhibit B [the screenshot] on his computer, and those were from legally purchased CD's owned by Mr. Wilke.
3. He has never used any "online media distribution system" to download, distribute, or make available for distribution, any of plaintiffs' copyrighted recordings.
The RIAA's initial response to the summary judgment motion, prior to the dismissal, had been to cross-move for discovery, indicating that it did not have enough evidence with which to defeat Mr. Wilke's summary judgment motion.

Mr. Wilke was represented by Saper Law Offices of Chicago, Illinois.

In response to our question as to whether any money had changed hands in connection with the settlement, Mr. Wilke's attorneys responded: "Plaintiffs, the RIAA, and SBC worked cooperatively and amicably to resolve this dispute."

p2pnet.net had called the Wilke case yet another RIAA blunder.

Commentary and discussion:
(English language)
Slashdot
p2pnet.net
Ars Technica
The Register
Digital Music News
digg
Slyck
TG Daily
(Other languages)
Heise Online


* Document published online at Internet Law & Regulation

Table of Cases

Digg!

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