Shaneasia Morgan Fights Back in the Florida Panhandle

Shaneasia Morgan, sued in Pensacola, Florida, is fighting back, in Virgin v. Morgan. She has filed an answer denying the RIAA's charges, and denying that her non-commercial actions were a copyright infringement. Her answer explains that the type of file sharing of which she is accused would be protected as a fair use. In addition she seeks an award of attorneys fees against the plaintiffs.

In addition to arguing that the RIAA's $750-per-song file damages theory is unconstitutional (See November 9th decision of Judge Trager in UMG v. Lindor, in post "Judge Grants Marie Lindor's Motion....."), Ms. Morgan's answer also alleges that since, if she did infringe plaintffs' copyrights, she was an innocent infringer, the statutory damages of $750 per song should be reduced to $200 under copyright Act Section 504(c)(2):

Defendant Morgan lacks technical understanding of the filesharing concept as it has come to be employed on the Internet. Her understanding is that website owners and operators are responsible for determining the intellectual property rights of the content they make available and that she is not required to become a technical expert nor an expert in intellectual property rights in order to browse the Internet without fear of financial disaster from copyright infringement liability. If a service browsed on the Internet has caused her computer to download software and thereby created a shared folder on her computer, it was without her informed knowledge or understanding.

Answer*

A copy of the complaint follows:

Complaint in Virgin v. Morgan, 3:06-cv-342 (N.D. Florida, Pensacola Division)*

Ms. Morgan is represented by George J. Little, a veteran trial lawyer and internet expert, working out of Marianna, Florida.

* Document published online at Internet Law & Regulation

Commentary & 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

Judge Extends Discovery Cutoff in Lindor Until 60 Days After RIAA Furnishes Defendant with Hard Drive Report

Magistrate Judge Levy has extended the discovery cutoff in UMG v. Lindor to 60 days after the RIAA turns over its hard drive report:

November 29, 2006, Order Extending Discovery Cutoff to 60 Days After RIAA Produces Hard Drive Report*

Ms. Lindor had sought an extension of her time to complete the hard drive interrogatories and deposition:

November 28, 2006, Letter of Ray Beckerman (Hard Drive Deposition Deadline)*
Attachment (Copy of August 3, 2006, Order)*

The RIAA opposed it unless they too could have an extension of the discovery cutoff to enable them to subpoena the computers of Ms. Lindor's son and nephew.

November 28, 2006, Letter of Richard L. Gabriel Requesting Mutual Extension of Discovery Cutoff*

Ms. Lindor opposed the RIAA's request for an extension of its own discovery cutoff:

November 28, 2006, Letter of Ray Beckerman Responding to RIAA Request*

The judge's ruling grants Ms. Lindor's request, but (a) also grants the RIAA an extension, and (b) leaves the close of discovery open ended at this point. The judge's ruling does not decide whether or not the RIAA's argument, that it should be entitled to subpoena the computers of Ms. Lindor's son and nephew, neither of whom reside with her, has merit.

* 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

Oral Argument Date of January 26th Set by Judge Karas for Dismissal Motion in Elektra v. Barker

Judge Kenneth M. Karas has set Friday, January 26, 2007, at 2:15 P.M., as the oral argument date for Ms. Barker's motion to dismiss complaint, in Elektra v. Barker, pending in federal court in Manhattan.

November 28, 2006, Order of Hon. Kenneth M. Karas*

The argument will take place at the newer federal court house, located at 500 Pearl Street, New York, New York, in courtroom 21D on the 21st Floor. Proceedings are open to the public.

This is the case in which amicus briefs were filed by the Motion Picture Association of America (MPAA), the Electronic Frontier Foundation (EFF), the U.S. Internet Industry Association (USIIA), and the Computer & Communications Industry Association (CCIA), and a Statement of Interest was filed by the U.S. Department of Justice (USDJ).

Defendant Tenise Barker moved to dismiss the complaint on the ground that neither downloading nor uploading had been alleged sufficiently to give her notice of what she was being accused of, and on the further ground that merely "making available for distribution" was not a copyright infringement at all. The RIAA and MPAA argued that merely "making available" was indeed a copyright infringement. Defendant, CCIA, and USIIA argued that it was not.

EFF argued that intangible computer network transmissions cannot be "distributions" within the meaning of the Copyright Act. USDJ argued that they can be.

The applicable legal documents are as follows:

Complaint*
Exhibit A*
Exhibit B, part 1*
Exhibit B, part 2*
Memorandum of Law in Support of Motion to Dismiss Complaint*
Opposition to Motion to Dismiss Complaint*
Defendant's Reply Memorandum of Law in Support of Motion to Dismiss Complaint*
February 15, 2006, letter of Fred von Lohmann of Electronic Frontier Foundation, requesting permission to serve amicus curiae brief in support of Ms. Barker's dismissal motion*
Amicus Curiae Brief of Electronic Frontier Foundation in Support of Dismissal Motion*
(Alternate link)
Amicus Curiae Brief of Computer & Communications Industry Association and U. S. Internet Industry Association*
Defendant's Memorandum of Law Commenting on Amicus Briefs*
MPAA Amicus brief*
April 4, 2006, letter of Assistant U. S. Attorney Rebecca C. Martin*
"Statement of Interest" of United States Department of Justice*
Memorandum of Law of Defendant Tenise Barker in Response to Statement of Interest of United States of America*

* Document published online at Internet Law & Regulation

Commentary & discussion:

Slashdot

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

Ms. Lindor seeks more time to conduct hard drive depositions; RIAA says no, unless it can have extension too

In UMG v. Lindor, Ms. Lindor has asked for an extension of time in which to conduct the interrogatories and depositions of plaintiffs' hard drive experts, due to the RIAA's delay in producing the hard drive report:

November 28, 2006, Letter of Ray Beckerman (Hard Drive Deposition Deadline)*
Attachment (Copy of August 3, 2006, Order)*

The RIAA opposed it unless they too could have an extension of the discovery cutoff to enable them to subpoena the computers of Ms. Lindor's son and nephew.

November 28, 2006, Letter of Richard L. Gabriel Requesting Mutual Extension of Discovery Cutoff*

Ms. Lindor opposed the RIAA's request for an extension of its own discovery cutoff:

November 28, 2006, Letter of Ray Beckerman Responding to RIAA Request*

* 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

Elderly Survivor of Hurricane Rita Sued by RIAA in East Texas; Represented by Lone Star Legal Aid

An elderly survivor of Hurricane Rita, Ms. Rhonda Crain, has been sued by the RIAA in Beaumont, Texas, in SONY v. Crain. Ms. Crain and her husband were displaced by the hurricane.

Ms. Crain had never heard of the songs she’s accused of downloading and sharing, much less downloaded them, she’d never heard of “file sharing” before, and she didn’t even know that kind of thing was possible before getting sued for allegedly doing it.

She is fighting back and has asserted a counterclaim against the plaintiffs, saying that the RIAA's actions "amount to extortion, reciting a litany of other similar cases brought by the RIAA.

Ms. Crain has also asserted the defense, first raised in Arista v. Greubel, that the plaintiffs' have been fully compensated by the $115 million settlement they received from Kazaa.

Answer and Counterclaim*

Ms. Crain is represented by John Stoneham in the Beaumont, Texas, office of Lone Star Legal Aid.

Commentary & discussion:

boing boing
p2pnet.net

* 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 Lawyer Admits He Called Ms. Lindor's Son's Employer

In UMG v. Lindor, RIAA lawyer Richard L. Gabriel, in opposing the motion of Ms. Lindor's son to quash the subpoena of his computer, has admitted that he called the son's employer. See page 2, footnote 1:

November 27, 2006, Letter of Richard L. Gabriel*

* Document published online at Internet Law & Regulation

Commentary & discussion:

Slashdot
digg
p2pnet.net
hexus.lifestyle
Digital Music Weblog
Buzz Screen

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

Complaint Filed Against Two of Patti Santangelo's Children

We have confirmed press reports that suit was filed by the RIAA against two of Patti Santangelo's children, one of whom is a minor:

Complaint*
Complaint Exhibit A*
Complaint Notation that Exhibit B has not been filed electronically*

* Document published online at Internet Law & Regulation

The defendants are represented by Jordan Glass of Valhalla, New York.

We will be referring to the case as "Elektra v. Santangelo II".

Additional coverage, commentary, and discussion:

New York Times
Washington Post
The Journal News (Timothy O'Connor)
p2pnet.net (questioning whether RIAA leaked the story to the press before filing any lawsuit)
p2pnet.net
Digital Music Weblog
Digital Music Weblog
Ars Technica
Buzz Screen

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

February 2007 Pre-Motion Conference Set for Warner v. Cassin Dismissal Motion

Judge Robinson has fixed February 2, 2007, as the date of the pre-motion conference for the contemplated dismissal motion in Warner v. Cassin.

November 20, 2006, Order, Scheduling Pre-Motion Conference for February 2, 2007*

Copies of the parties' pre-motion correspondence are as follows:

June 2, 2006, Letter of attorneys for defendant*
June 8, 2006, Letter of attorneys for plaintiffs*
June 9, 2006, Letter of attorneys for defendant*

It should be noted that the litigation landscape has changed somewhat since those letters were written. It is still true that the motion in Elektra v. Barker, the only dismissal motion of which we are aware in the Southern District other than Elektra v. Santangelo, is still pending; but by now there have been a total of five other decisions denying motions to dismiss, one in Brooklyn, one in Arizona, and three in Texas. However, none of the five decisions held that merely 'making available' is a copyright infringement; all deferred ruling on that issue until a later stage of the case.

The Barker case, in which several amicus curiae briefs, and a 'statement of interest' by the Justice Department, have been submitted, is pending before Judge Kenneth Karas, in Manhattan.

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


* Document published online at Internet Law & Regulation

Preclusion Motion in UMG v. Lindor Referred Back to Magistrate Levy by Judge Trager

In UMG v. Lindor, a dispute erupted before Magistrate Levy this summer when the RIAA indicated it wanted to prove copyright infringement with respect to 38 songs, even though it had only been able to produce 11 song files in response to Ms. Lindor's document request. Ms. Lindor asked Magistrate Levy for an order precluding the RIAA from attempting to prove the additional 27 songs at trial:

July 28, 2006, Letter of RIAA*
July 28, 2006, Letter of Defendant*
August 1, 2006, Letter of RIAA*
August 1, 2006, Letter of Defendant*
August 4, 2006, Letter of RIAA*
August 4, 2006, Letter of Defendant*
Exhibit - Plaintiffs' Requests for Admissions, October 2005*
Exhibit - Defendant's Response to Plaintiffs' Requests for Admissions, March 2006*

Magistrate Levy ruled that since the application was for substantive relief, it had to be brought on formal motion before the presiding judge, Judge Trager:

August 6, 2006, memo endorsed Order of Magistrate Judge Levy*

The parties then briefed the motion in formal motion papers:

Notice of Motion*
Affidavit of Morlan Ty Rogers*
Opposition Affidavit of Richard L. Gabriel*
Memorandum of Law in Opposition*
Reply Affidavit of Morlan Ty Rogers*
Reply Memorandum of Law*
Exhibit A (Plaintiffs' Response to Defendant's First Interrogatories)*
Exhibt B (Plaintiffs' Response to Defendant's Followup Interrogatories)*

On November 22nd, Judge Trager referred the motion back to Magistrate Levy, for him to make a report and recommendation:

November 22, 2006, Order of Judge David G. Trager referring preclusion motion to Magistrate Judge Robert M. Levy*

* 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

Shawn Hogan Motion to Dismiss, Based on Defective Copyright Registration, Now Fully Briefed

You may recall that in Universal Hogan, an MPAA case, the defendant moved to dismiss on the ground that the plaintiff didn't actually own the copyright, since it had sold the rights to the movie two months before filing its copyright registration:

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

The MPAA has put in its opposition papers, and Mr. Hogan has filed his reply papers, making the motion ripe now for a decision or oral argument:

Opposition Memorandum*
Opposition Declaration of Thorland*
Opposition Declaration of Villalobos*
Reply Memorandum*

* 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 Subpoenas Ms. Lindor's Son's Computer

In UMG v. Lindor, a case against a home health aide who has never used a computer, the RIAA has now subpoenaed the computer of Ms. Lindor's adult son, who lives four (4) miles away from her. Ms. Lindor's son, a paralegal in a law firm, has hired counsel to make a motion to quash the subpoena:

November 21, 2006, Letter of Richard A. Altman to Magistrate Robert M. Levy (Quash Subpoena)*
Attachment to Letter of Richard A. Altman (Subpoena)*
Attachment to Letter of Richard A. Altman (Objections to Subpoena)*

Ms. Lindor joined in her son's application:

November 22, 2006, Letter of Ray Beckerman Joining in Application of Woody Raymond to Quash Subpoena*

Ms. Lindor's son is represented by Richard A. Altman, Esq., of Manhattan, one of the first lawyers to take on the RIAA's ex parte "John Doe" subpoena process, back in 2004, in Elektra v. Does 1-9.

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2pnet.net
digg
Digital Music Weblog

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 Says Defendant's Counterclaim for Attorneys Fees Can't be Expressed as a Counterclaim in Elektra v. Schwartz

The RIAA has made a request for a premotion conference in Elektra v. Schwartz, indicating that it intends to make a motion to dismiss Ms. Schwartz's counterclaim for attorneys fees, on the ground that a copyright defendant's claim for attorneys fees cannot be expressed as a counterclaim:

November 17, 2006, Letter of Richard J. Guida*

Ms. Schwartz's attorneys disagree:

November 19, 2006, Response of Ray Beckerman*
Attachment to Response of Ray Beckerman (Oct. 31-Nov. 2 email exchange)*
Attachment to Response of Ray Beckerman (Answer & counterclaim)*
Attachment to Response of Ray Beckerman (Exhibit A to Answer & counterclaim)*
November 21st reply letter of Richard Gabriel*

* Document published online at Internet Law & Regulation

Commentary and discussion:

Slashdot
digg
p2pnet
Digital Music Weblog

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

Vivendi Sues MySpace

Vivendi's Universal Music Group has sued MySpace, reports p2pnet.net:

Vivendi sues Murdoch's MySpace

p2pnet.net News:- Big Four Organized Music member Vivendi Universal is suing Rupert Murdoch's MySpace.com for, you guessed, it, copyright infringement, calling the site a "vast virtual warehouse" of pirated works.

It's already suing Grouper, owned by one of its Big Four colleagues, Sony, as well as Bolt, another video site.

And it's all about the online advertising dollar - your advertising dollar.

Vivendi claims "no intellectual property is safe" from the alleged copyright infringement, even unreleased albums, continues The Los Angeles Times.

Complete article

The caption is UMG Recordings Inc. v. MySpace Inc., 06-07361, U.S. District Court, Central District of California.

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

Law Review Article on Constitutionality of RIAA's $750-per-song Damage Theory Now Available Online

We are pleased to report that one of the law review articles referred to by Judge Trager in his decision in UMG v. Lindor, regarding the constitutionality of the RIAA's $750-per-song damages theory, is now available online.

For a direct link to the article:

"Grossly Excessive Penalties in the Battle Against Illegal File-Sharing: The Troubling Effects of Aggregating Minimum Statutory Damages for Copyright Infringement" By J. Cam Barker, 83 Texas L. Rev. 525 (2004)[Copyright Texas Law Review Association 2004][Reprinted with permission]

For a link to (a) an abstract of the article, and (b) additional servers hosting the full article for personal download (at bottom of abstract page):

http://ssrn.com/abstract=660601

Commentary and discussion:

boing boing

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

LimeWire Files Amended Counterclaims

LimeWire has filed amended and expanded counterclaims in its lawsuit with the RIAA, Arista v. Lime Wire

Lime Wire's First Amended Counterclaims*

The counterclaims allege that the record companies and their co-conspirators "conspired to delay and disrupt the entry and emergence of [P2P], and to extend their oligopoly in the distribution of recorded music over the new market for the electronic distibution of music via the Internet." (Paragraph 28).

They further allege that the RIAA "sought to preserve the market power they possessed by conspiring to refuse to license their catalogs for competitive digital distribution, and instead acting together to delay and inhibit digital distribution both of the recorded music they controlled and what little recorded music they did not control." (Paragraph 30).

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2pnet
Fergie's Tech Blog

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

Answer Filed in Arista v. Greubel in Texas; Defendant Says Plaintiffs' Receiving $115M From Kazaa Bars Duplicate Recovery from Defendant

In Arista v. Greubel in Texas, the defendant has interposed a number of affirmative defenses, including:

-A first affirmative defense which alleges that if defendant were liable, Kazaa would be jointly and severally liable along with him, and that the $115,000,000 settlement which the RIAA received from Kazaa constitutes recovery in full.
-A third affirmative defense that the $750-per-song damages theory is unconstitutional, and that recovery should be limited to 4 times the value of each download, or $2.80 each.

Answer of David Greubel*

Mr. Greubel is represented by Charles Lee Mudd, Jr., of Chicago, Illinois, and John G. Browning of Dallas, Texas.

* Document published online at Internet Law & Regulation

Commentary & discussion:
(English language)
Slashdot
digg
p2pnet
Ars Technica
Tech and Science News Updates
TechDirt
tinfoil.net
(Other languages)
gulli
IT News World

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

Santangelo Lawyer Speaks Out to p2pnet

Here is an excerpt from an excellent article in p2pnet:

" Santangelo lawyer speaks out

"p2pnet.net special:- When, last February, independent, one-man law office Jordan Glass was officially accepted into the New York court system to defend Big Four Organized Music victim Patti Santangelo, he guaranteed he'd stay on the case to the end.

"He's kept his promise, and then some because now, as well as representing Patti, he's also acting for two of her children, Michelle and Robert, who've also become Big Four targets.

"What does this mean to you? - p2pnet asked Glass shortly after he took on his two newest clients.

"Here's his reply:

"This is both a privilege and an even greater responsibility than representing Patti alone, not because of the allegations, but because of their ages. Michelle was only 16-17 years old when the events were alleged to have taken place; Bobby was only 12-13 years old. Even Matthew Seckler, the identified family friend in the matter, was only 14-15 years old.

"As law students we're taught that law reflects "public policy." But what is public policy? It can be answered by asking this fundamental question:

"What kind of country do you want to live in?"

"Law is the main public mechanism by which we answer that question. But what about laws that don't work as intended, that trap the unwary or create an unintended or inappropriate burden?

"This case is about such laws.

"At issue is much more than whether Patti or her children, or tens of thousands of others did or did not violate copyright laws. At issue is the fundamental question, "What kind of country do you want to live in?""

Complete article

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

New Contested Case in Florida Panhandle : Virgin Records v. Morgan

A new RIAA case, commenced in Pensacola, in the Florida panhandle, is about to become contested: Virgin Records v. Shaneasia Morgan.

Complaint in Virgin v. Morgan, 3:06-cv-342 (N.D. Florida, Pensacola Division)*

Ms. Morgan is represented by George J. Little, a veteran trial lawyer and internet expert, working out of Marianna, Florida.

* 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

Reply Papers Submitted by RIAA In Support of Motion to Declare MediaSentry Agreements Privileged

Plaintiffs have filed their reply papers in support of their motion for a protective order declaring their agreements with MediaSentry to be privileged. In them they claim that MediaSentry is not an expert since it did no more than any other individual on Kazaa could have done.

RIAA Reply Declaration*
RIAA Reply Memorandum*

* 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

Judge Grants Marie Lindor's Motion to Amend Answer to Add Affirmative Defense of Unconstitutionality of Damages

In UMG v. Lindor, Judge Trager has granted Ms. Lindor's motion to add a defense based on the unconstitutionality of the $750-per-song damages sought by plaintiffs. He rejected the RIAA's arguments that the defense was without merit, that the motion was untimely, that the amendment would prejudice the RIAA, or that Ms. Lindor was required to send a notice to the United States Department of Justice of her defense of unconstitutionality.

Judge Trager ruled:

[P]laintiffs can cite to no case foreclosing the applicability of the due process clause to the aggregation of minimum statutory damages proscribed under the Copyright Act. On the other hand, Lindor cites to case law and to law review articles suggesting that, in a proper case, a court may extend its current due process jurisprudence prohibiting grossly excessive punitive jury awards to prohibit the award of statutory damages mandated under the Copyright Act if they are grossly in excess of the actual damages suffered.....Furthermore, Lindor provides a sworn affidavit asserting that plaintiffs' actual damages are 70 cents per recording and that plaintiffs seek statutory damages under the Copyright Act that are 1,071 times the actual damages suffered. Aff. of Morlan Ty Rogers, ("Rogers Aff.", [pars.]5, 6. See also Aff. of Aram Sinnreich, ("Sinnreich Aff."), [par.] 2, 3 (attesting that popular music sound recording downloads and consumer license to use same are lawfully obtainable to the public at 99 cents per song, and of that 99 cents, roughly 70 cents per song is paid by the retailer to the record label). As FRCP Rule 12(b)(6) requires that this figure be taken as true for purposes of the motion, Lindor has alleged a factual basis supporting her affirmative defense."

November 9, 2006, Order Granting Leave to Amend Answer to Include Unconstitutionality Defense*
(Alternate link - 2006 WL 3335048)
Second Amended Answer, Filed November 9, 2006*

Pursuant to an earlier decision of Magistrate Judge Levy, plaintiffs are now required to produce "all relevant documents" to Ms. Lindor's attorney, and then to make a deposition witness available by telephone deposition, on the subject of the plaintiffs' wholesale sales price of downloads.
August 28, 2006, Order of Hon. Robert M. Levy*

Copies of the underlying motion papers upon which Judge Trager's decision was based are listed below:

Notice of Motion to Amend Answer*
Ty Rogers Affidavit*
Aram Sinnreich Affidavit*
Memorandum of Law*
RIAA Memorandum in Opposition*
Reply Memorandum in Support of Defendant's Motion*
Reply Affidavit in Support of Defendant's Motion*

"Grossly Excessive Penalties in the Battle Against Illegal File-Sharing: The Troubling Effects of Aggregating Minimum Statutory Damages for Copyright Infringement" By J. Cam Barker, 83 Texas L. Rev. 525 (2004)[Copyright Texas Law Review Association 2004][Reprinted with permission]* (One of law review articles referred to by Judge Trager in November 9th decision)

Link to Abstract of Article

Commentary & discussion:

English language:
TechDirt
Slashdot
Ars Technica
p2pnet.net
The Inquirer
reddit.com
Digital Music Weblog
Beta News
TorrentFreak
AbsolutePunk
Tech Report
Digital Music News Insider Blogs
"Excess Copyright" by Howard Knopf
afterdawn.com
Outside the Beltway
p2pnet (article on Howard Knopf discussion)
All Headline News
Shoutwire
Elephants or Donkeys
TuneLab Music
antiMUSIC
digg
Boycott-RIAA.com
Digital Media Thoughts
TechBlog

Other languages:
The Inquirer (German language edition)
Heise Online
Punto Informatico
pcinpact.com
Yahoo! France Actualites
IT News

* 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

Court Denies Discovery Sanctions for RIAA's Failure to Deliver Hard Drive Report as Promised in Lindor

In UMG v. Lindor, Magistrate Judge Robert M. Levy has denied Ms. Lindor's October 23, 2006, motion to dismiss the complaint based upon the RIAA's failure to deliver the hard drive analysis report as promised. The judge also admonished the lawyers to "exercise civility in their dealings with each other .... and restraint in seeking relief from the Court."

November 2, 2006, Order of Magistrate Judge Robert M. Levy, Denying Defendant's Motion for Discovery Sanctions*

* Document published online at Internet Law & Regulation

Commentary & 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

RIAA Now Sues Patti Santangelo's Children, Says AP

Associated Press reports that the RIAA has now sued two of Patti Santangelo's children:

New York Times
Washington Post

Additional coverage:

The Journal News (Timothy O'Connor)

We have not yet confirmed that the case has actually been filed. When we do, we will post here the applicable documents. We are initiating coverage of this case as "Elektra v. Santangelo II".

Commentary & discussion:
p2pnet.net (questioning whether RIAA leaked the story to the press before filing any lawsuit)
p2pnet.net
Digital Music Weblog
Ars Technica

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

James O'Neil, Former Attorney General of Rhode Island, Acting as RIAA Local Counsel in Rhode Island

We have learned that James O'Neil, the former Attorney General of the State of Rhode Island, is acting as the local lawyer for the RIAA in Rhode Island. On behalf of the RIAA, he has recently sued a parent who has never done any file sharing or downloading, in Elektra v. Werry. The parent is presently representing himself.

Elektra v. Werry, Dist. Rhode Island 1:06-cv-00357, Docket Sheet*

* Document published online at Internet Law & Regulation

Commentary & discussion:
p2pnet.net
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