RIAA Submits 26-Page Curriculum Vitae for Its "Expert"

The RIAA, in further support of its motion to compel Ms. Lindor's son to turn over his personal computer and listening devices in UMG v. Lindor, the RIAA submitted a 26-page curriculum vitae for its "expert", Dr. Doug Jacobson, to Magistrate Robert M. Levy:

December 26, 2006, Letter of Richard L. Gabriel*
Declaration of Dr. Doug Jacobson*
Curriculum vitae*

This was despite the facts that the papers were due last week, that Ms. Lindor's son's attorney has objected to the use of expert testimony at all, and that the RIAA has never turned over a hard drive report to Ms. Lindor's attorneys.

Ms. Lindor's attorneys objected, and requested that the materials be stricken, that the plaintiffs' motion be denied, and that sanctions be awarded against plaintiffs:

December 26, 2006, Letter of Ray Beckerman Objecting to Use of Doug Jacobson materials*

Commentary & discussion:

p2pnet
Slashdot
Groklaw

* 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

Pro Se Litigant Defeats RIAA's Summary Judgment Motion in Alabama; Court Finds Dispute As to Copying and Distributing

We have just learned of a pro se litigant in Alabama defeating the RIAA's summary judgment motion:

November 9, 2006, Decision Denying Summary Judgment in Motown v. Liggins, 05-cv-273, M.D. Alabama* (also reported at 2006 WL 3257792)

A pro se litigant is a person representing himself, without an attorney.

The court ruled as follows:

[T]here is a genuine issue of material fact that precludes granting summary judgment: whether Defendant copied or distributed any of Plaintiffs' recordings. In his responses to the requests for admissions, Plaintiff did not admit that he copied or distributed any of Plaintiffs' recordings. Plaintiffs have not demonstrated the absence of a genuine issue of material fact, and their motion is therefore due to be denied.

* Document published online at Internet Law & Regulation

Commentary & discussion:

Digital Music The Future

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 Deposition and Documents from RIAA's "Expert"

The defendant in UMG v. Lindor has demanded a deposition and documents from the RIAA's "expert", Dr. Doug Jacobson:

December 22, 2006, Notice of Deposition of Plaintiff's Expert Witness Dr. Doug Jacobson and Request for Production of Documents*
Supplemental Request for Production of Documents to Dr. Doug Jacobson*

Dr. Jacobson has submitted two documents so far in the case:

April 12, 2006, Expert Witness Report of Dr. Doug Jacobson*
Douglas Jacobson Declaration in Support of Plaintiffs' Motion to Compel*

* 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

Ms. Lindor's Son Moves to Strike RIAA's Use of "Expert Witness" Declaration in Motion to Compel

In UMG v. Lindor, the RIAA, in support of its motion to compel the production by Ms. Lindor's son of his computer and music listening device, produced a declaration of their "expert":

Declaration of Doug Jacobson*

Ms. Lindor's son's attorney has objected to the use of that declaration on a number of grounds, including the fact that it opines on Ms. Lindor's hard drive even though the RIAA has for four and a half months been withholding its analysis of Ms. Lindor's hard drive:

December 22, 2006, Letter of Richard A. Altman 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

In SONY v. Crain, East Texas case against Elderly Hurricane Rita Survivor, RIAA Tries to Dismiss Non-Infringement Counterclaim

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

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 Adopts Magistrate's Recommendations On Preclusion in Lindor, But Clarifies That RIAA Must Prove Defendant "Actually Shared" Files

In UMG v. Lindor, Judge David G. Trager has adopted the Report and Recommendations of Magistrate Judge Robert M. Levy in their entirety, rejecting the two changes in language that had been suggested by Ms. Lindor's attorneys, but held that plaintiffs will have the burden of proving at trial, by a preponderance of the evidence, that defendant actually shared copyrighted files:

Defendant ... objects to the passage "...that defendant actually shared sound files belonging to plaintiffs" because "the mere presence of a shared files folder on an individual's
computer would not satisfy the requirements of 17 USC 106(3)." Objection to Report and Recommendation, at 1-2. The report and recommendation does not comment on whether or not the mere presence of a shared files folder satisfies 17 USC 106(3). Instead, it makes clear that plaintiffs will have the burden of proving actual sharing. Report and Recommendation, at 5 ("At trial, plaintiffs will have the burden of proving by a preponderance of the evidence that defendant did indeed infringe plaintiff’s copyrights by convincing the fact-finder, based on the evidence plaintiffs have gathered, that defendant actually shared sound files belonging to plaintiffs.") (emphasis added).(italics supplied)

December 22, 2006, Order and Decision Adopting Magistrate Judge's Recommendations and Report concerning Defendant's preclusion motion*

Copies of the Magistrate's report, and Ms. Lindor's two objections to its wording, are as follows:

December 12, 2006, Report and Recommendation Denying in Part and Granting in Part Defendant's Motion to Preclude*
Defendant's Objection to Report and Recommendation*

* Document published online at Internet Law & Regulation

Commentary & discussion:

Ars Technica
Slashdot
punknews.org

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

French Court Outlaws Pretext P2P Searches Like Those Performed by MediaSentry

International Herald Tribune reports:

French court favors personal privacy over piracy searches
By Thomas Crampton
Published: December 21, 2006

PARIS: A French court has ruled that music companies and other copyright holders cannot conduct unrestrained Internet monitoring to find pirates.

The decision, which could leave record companies open to lawsuits in France for invasion of privacy, pits European Union-sanctioned data protection rules against aggressive tracing tactics used by the music and film industry.

"The judge's decision defends the privacy of individuals over the intrusion from record labels," said Aziz Ridouan, president of the Association of Audio Surfers, a group that defends people charged with illegal downloading. "This should send a strong message and hopefully affect every one of the hundreds of people defending themselves."

Complete article

Thanks to Christian Alberdingk Thijm, Esq., of Amsterdam, for the heads up on this article.
-R.B.

Commentary & discussion:

Howard Knopf on p2pnet

* 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 Moves for Default Judgment Against Patti Santangelo's Daughter

In Elektra v. Santangelo II in White Plains, the RIAA has moved for a default judgment against Patti Santangelo's daughter:

Motion for default judgment*
Request for entry of default*

* Document published online at Internet Law & Regulation

Editor's note: This took me by surprise, as just a day or two ago I saw that the parties had worked out a mutually acceptable scheduling order for the case.
-R.B.

Commentary & discussion:

p2pnet

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 Moves to Compel Marie Lindor's Son to Produce His Computer and His Music Listening Devices

In UMG v. Lindor, the RIAA has made a motion to compel Ms. Lindor's son to turn over his computer and music listening devices:

Plaintiffs' Motion to Compel*
Richard Gabriel Declaration in Support of Plaintiffs' Motion to Compel*
Douglas Jacobson Declaration in Support of Plaintiffs' Motion to Compel*
Plaintiffs' Memorandum of Law in Support of Motion to Compel*

* 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

Discovery Schedule Set in Case Against Patti Santangelo's Children

A discovery schedule has been agreed to by the parties in Elektra v. Santangelo II, the case against Patti Santangelo's children:

Rule 26(f) Discovery Plan*
Addendum to Rule 26(f) Discovery Plan*

* 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 Moves to Strike Copies of Netherlands Decision & Expert Testimony in UMG v. Lindor

In UMG v. Lindor, the RIAA has moved "to strike" the decision of the District Court of Utrecht and the expert witness declaration cited by that decision, which had been submitted by Ms. Lindor's attorneys in opposition to the RIAA's motion for a protective order with respect to the MediaSentry agreements. Surprisingly, the RIAA attached -- as an exhibit to its "motion" -- a portion of a post from this blog:

December 19, 2006, Letter of Richard L. Gabriel*
Exhibit A -- portion of December 15, 2006, post from "Recording Industry vs. The People"*

In response to the RIAA's motion "to strike", Ms. Lindor's attorneys submitted a copy of the decision of the Amsterdam Court of Appeal affirming the decision of the District Court of Utrecht:

December 19, 2006, Letter of Ray Beckerman*
Exhibit A -- July 13, 2006, Decision of Amsterdam Court of Appeal*

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2pnet
Blogger News Network

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 Drops Case Against Patti Santangelo

After more than a year and a half of litigation, the RIAA has sought to drop the case it brought against Patti Santangelo, Elektra v. Santangelo. Its motion papers ask that the dismissal be "without prejudice", which would mean that they could sue her again for the same thing:

Notice of Motion to Dismiss without Prejudice*
Delcaration of Richard L. Gabriel in support of RIAA's Motion to Dismiss without Prejudice*
Memorandum of Law in support of RIAA's Motion to Dismiss without Prejudice*

* Document published online at Internet Law & Regulation

This is the case that garnered so much national press attention last year. See, e.g.:

http://recordingindustryvspeople.blogspot.com/2005/12/patricia-santangelo-on-network.html
http://recordingindustryvspeople.blogspot.com/2005/12/transcript-of-patricia-santangelo-and.html
http://recordingindustryvspeople.blogspot.com/2005/08/links-to-articles-about-elektra-v.html

The case against Ms. Santangelo's 16-year old son and 20-year old daughter, who were 12 and 16 respectively when the alleged screenshot was taken, continues. We are following it under the heading Elektra v. Santangelo II.

Commentary & discussion:

(English language:)
p2pnet
p2pnet
TechDirt
digg
Associated Press
Digital Music News
Slyck
Digital Music Weblog
Reductive
Crunch Gear
BroadbandReports.com
Blogger News Network
MP3 Newswire
boing boing

(Other languages:)
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

January 16th Deadline Set for Production of Wholesale Pricing Documents in UMG v. Lindor

Magistrate Levy has set January 16, 2007, as the deadline for the plaintiffs and defendant to arrange for the production of wholesale pricing documents and confidentiality stipulations in UMG v. Lindor:

December 18, 2006, Order of Magistrate Judge Robert M. Levy (Re: Wholesale pricing documents)*

* 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

Appeals Court Decision in Netherlands case, Foundation v. UPC Nederland

We have now obtained a copy of an English translation of the appeals court decision in Foundation v. UPC Nederland, agreeing with the lower court that the MediaSentry investigation by Tom Mizzone was insufficiently reliable to form a basis for directing ISP's to turn over confidential customer information.

The court held:

neither the affidavits nor the cross-examination of Mr. Millin pro[...]vide clear and comprehensive evidence as to how the pseudonyms of the KaAaA or iMesh users were linked to the IP addresses identified by MediaSentry. No evidence was presented that the alleged infringers either distributed or authorized the reproduction of sound recordings. They merely placed personal copies into their shared directories which were accessible by other computer users via a P2P service.

July 13, 2006, Decision of Amsterdam Court of Appeal*

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2pnet
p2p Forums

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

Marie Lindor Submits Papers from Netherlands courts Showing Media Sentry's Tom Mizzone's Investigations are Unreliable

Countering the RIAA's post-argument submission to Magistrate Judge Levy, in support of its protective order motion to conceal the MediaSentry contracts from Ms. Lindor's attorneys, in UMG v. Lindor, Ms. Lindor submitted the expert witness declaration and court's decision in Foundation v. UPC Nederland, which detailed a number of ways in which the investigations of plaintiffs' witness -- Tom Mizzone of MediaSentry -- were inherently unreliable. Ms. Lindor's attorneys said that this heightened the need for a thorough deposition and crossexamination of Mr. Mizzone, since the RIAA's attorneys had revealed at the oral argument that Mr. Mizzone was the sole MediaSentry witness they were intending to call.

December 15, 2006, Letter of Ray Beckerman to Magistrate Robert M. Levy*
Expert Witness Declaration in Foundation v. UPC Nederland*
Court Decision in Foundation v. UPC Nederland*

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2pnet

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 Balks at Producing Documents on Wholesale Download Pricing in UMG v. Lindor

The RIAA has refused to supply defendant's lawyer with a timetable for its production of "all relevant documents" concerning its wholesale prices for downloads in UMG v. Lindor, so after a month of trying to get them to agree to a schedule, Ms. Lindor's attorneys have asked the Magistrate to fix a date. The RIAA responded, but its response does not even suggest to the Magistrate a date on which it would be willing to comply:

December 13, 2006, Letter of Ray Beckerman (Timetable for Production of Wholesale Download Pricing Documents*
December 14, 2006, Letter of Richard L. Gabriel (Timetable for Production of Wholesale Download Pricing Documents*

* 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

Magistrate Denies Defendant's Preclusion Motion Regarding Extra Song Files in UMG v. Lindor

Magistrate Judge Levy denied Ms. Lindor's motion to preclude the RIAA from attempting to prove copyright infringement as to song files which it had not produced in discovery in UMG v. Lindor, holding that the testimony of MediaSentry's president Gary Millin was not binding on the RIAA and that there were 'factual issues':

December 12, 2006, Report and Recommendation Denying in Part and Granting in Part Defendant's Motion to Preclude*

Ms. Lindor's attorneys filed an objection to the Report, on the ground that it contained statements, not necessary to the Court's decision, which misconstrued the applicable law regarding "distribution" under the Copyright Act:

Defendant's Objection to Report and Recommendation*

* 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

Unusual Late Submissions by RIAA in Further Support of their MediaSentry Protective Order Motion in UMG v. Lindor

The RIAA's lawyers took the highly unusual step of submitting "further authority" to the Magistrate Judge, after the briefing had closed and after the oral argument had taken place, in connection with the RIAA's protective order motion in UMG v. Lindor to declare the RIAA's agreements with MediaSentry to be "privileged":

December 12, 2006, Letter of Richard L. Gabriel*
Attachment (Direct TV v. Trone, 209 F.R.D. 455, C. D. Cal. 2002)*

Ms. Lindor's attorneys attacked the move:

I am astonished that some two and a half months after making their protective order motion, a month after filing their reply papers, and twelve (12) days after the oral argument of their protective order motion, plaintiffs have taken the highly irregular step of submitting to the court a post-argument submission of a four-year-old published case, one which, astonishingly, (a) relates to no argument either side has made, and (b) is totally inapposite in any event. This can only be attributed to an awareness that all of the arguments they have made to date are entirely frivolous. Unfortunately for them, this new “argument” is equally frivolous.

The case which plaintiffs find so compelling, DirectTV, Inc. v. Trone, 209 F.R.D. 455 (C.D. Cal. 2002), has nothing whatsoever to do with the issues that are before the Court, and contains nothing which the Court and counsel did not already know.

December 12, 2006, Letter of Ray Beckerman*

* 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 Denies Motion for Reconsideration Based on RIAA's "AOL Letter" in Elektra v. Schwartz

Judge Trager has denied Ms. Schwartz's motion for reconsideration of the judge's December 4th order in Elektra v. Schwartz, which motion had been based upon the RIAA's misstatement about a letter it had received from AOL:

December 12, 2006, Order of Judge David G. Trager, Denying Reconsideration*

Commentary & discussion:

Ratiatum (French)

* 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

Plaintiffs to Make Motion to Dismiss Defendant's Attorneys Fees Counterclaim in Elektra v. Schwartz

In Elektra v. Schwartz, the RIAA has indicated it is going ahead with a motion to dismiss the defendant's counterclaim for attorneys fees:

December 12, 2006, Letter, Containing Briefing Schedule*

* 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

Motion to Dismiss Complaint Denied in Universal v. Hogan

The defendant's motion to dismiss complaint in Universal v. Hogan, based on a defective copyright registration, has been denied:

December 11, 2006, Order Denying Motion to Dismiss*

* 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 Admits AOL Letter Only Identified Owner of Specified Account, Said Nothing About Downloading, Distributing, or Infringement

The RIAA has admitted that the letter sent by America Online in Elektra v. Schwartz did no more than identify the owner of an internet access account, and contained no reference to distribution or downloading or copyright infringement.

December 11, 2006, Letter of Richard J. Guida to Judge David G. Trager*

* 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 Moves to Dismiss Lime Wire's Antitrust Counterclaims

The RIAA has made a motion to dismiss the antitrust counterclaims interposed by Lime Wire in Arista v. Lime Wire.

Plaintiff's memorandum of law in support of motion to dismiss counterclaims*

* 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

In Elektra v. Schwartz, Ms. Schwartz Files Initial Disclosures and Timothy Reynolds Seeks Pro Haec Vice Admission

Two developments in Elektra v. Schwartz in Brooklyn.

Ms. Schwartz has filed her "initial disclosures":

Defendant's initial disclosures*

Timothy Reynolds of Holme Roberts & Owen has filed for pro haec vice admission to the Court (admission for this case only); Ms. Schwartz's lawyer has suggested to Judge Trager that before deciding the motion he should find out whether Mr. Reynolds was in fact the author of the November 1, 2006, letter signed by Richard Guida telling the judge that AOL had confirmed that Ms. Schwartz owned an account that had been used for downloading and distributing hundreds of copyrighted songs.

Pro haec vice motion*
Reynolds affidavit in support of pro haec vice motion*
Declaration of Ray Beckerman Suggesting Court Defer ruling on pro haec vice motion pending further investigation*

* 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

"Congratulations to the RIAA Legal Team", a New Video by Grant Robertson

I commend to my readers a new video by Grant Robertson, publisher of Digital Music WebLog, entitled "Congratulations to the RIAA Legal Team". For a link to the video, go here.

Alternate link

* 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

Please Sign the EFF Petition to Congress to Stop the RIAA Lawsuits Against Ordinary Citizens

I urge everyone who has not already done so to sign the petition being circulated by the Electronic Frontier Foundation:

To The United States Congress:

We are the customers and former customers of the member labels of the Recording Industry Association of America (RIAA). We love music and will gladly pay a fair price for it, but we are outraged by the RIAA's tactics in suing ordinary Americans for filesharing.

We condemn the RIAA's choice to force the family of a 12 year-old girl to forfeit $2,000 - money that could have gone to feed, clothe and educate this honor student. We stand with the retirees, parents, children and others who have been caught in the RIAA's line of fire.

We respect reasonable copyright law, but we strongly oppose copyright enforcement that comes at the expense of privacy, due process and fair application of the law.

We urge you, as our representatives in Congress, to stop this madness.

We oppose the recording industry's decision to attack the public, bankrupt its customers and offer false amnesty to those who would impugn themselves. We call instead for a real amnesty: the development of a legal alternative that preserves file-sharing technology while ensuring that artists are fairly compensated.

In signing this petition, we formally request that the Electronic Frontier Foundation (EFF), as representatives of the public interest, be included in any upcoming hearings regarding the proper scope of copyright enforcement in the digital age.

We sincerely thank you for your time.

The link to sign the petition is here:

http://www.eff.org/share/petition/

* 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 Petitions to Lower Songwriter Royalties

Despite its frequent protestations that it is seeking to shut down p2p file sharing in order to protect the 'artists', the RIAA has petitioned to reduce songwriter royalties for digital music:

http://gear.ign.com/articles/749/749883p1.html

Additional commentary & discussion:

Slashdot
Engadget
punknews.org

* 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

In Oregon Case Judge Denies Motion to Dismiss, Says "Making Available for Distribution" is Sufficient Allegation

In an Oregon case, Elektra v. Perez, 2006 WL 3063493, a judge has denied a defendant's motion to dismiss the RIAA's complaint, saying that the RIAA's allegation of "making available for distribution" is sufficient:

Elektra v. Perez, October 26, 2005, Decision* (Also Reported at 2006 WL 3063493)

This is the first instance of which we are aware in which a judge has explicitly held that the RIAA's allegation of "making files available for distribution" is sufficient in and of itself to state a claim for relief under the Copyright Act. The decision contains no discussion of the Copyright Act, applicable case law, legal scholarship, or anything else that might give a clue as to how the judge came to agree with the RIAA. We will investigate further to see if the issue was briefed and, if so, how.

The judge also granted the RIAA's motion to voluntarily dismiss without prejudice. Since the dismissal was without prejudice, Mr. Perez was not permitted to get attorneys fees.

Other documents from court file:

Docket sheet*
Plaintiffs' memorandum of law*
Defendant's memorandum of law*

Earlier documents:

Plaintiffs' memorandum of law in support of initial motion to dismiss defendant's counterclaim for attorneys fees*
Defendant's memorandum of law in opposition to plaintiff's initial motion to dismiss defendant's counterclaim for attorneys fees*

* Document available online at Internet Law & Regulation

Commentary & discussion:

(English language)

Ars Technica
iMedia Law Blog

(Other languages)

Planet Internet
Tweakers.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

Rae J Schwartz Submits AOL Letter to Court; Letter Contains No Reference to Downloading or Distributing of Copyrighted Songs As RIAA Had Claimed

After obtaining a copy from the RIAA's lawyers of the letter the RIAA had received from America Online, and ascertaining that it contained no reference to "downloading" or "distributing" of "copyrighted songs, contrary to the statement made by the RIAA to the judge, lawyers for Rae J. Schwartz in Elektra v. Schwartz have asked Judge Trager to recall his previous ruling which stated that AOL had confirmed downloading and distributing of copyrighted songs:

December 7, 2006, Letter of Ray Beckerman to Judge Trager*
December 4, 2006, Order*
November 1, 2006, Letter of Richard J. Guida*
February 28, 2006, letter of America Online*

* Document published online at Internet Law & Regulation

Commentary & discussion:

(English language)

Slashdot
Digital Music Weblog
Digital Music Weblog (Video "Congratulations to the RIAA Legal Team")

(Other languages)

Ratiatum

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

Class Action Filed Against Kazaa on Behalf of Customers Sued by RIAA for "Shared File Folders"

In Chicago, Illinois, a Kazaa customer has filed a class action against Kazaa, Lewan v. Sharman, U.S.Dist. Ct., N.D. Ill 06-cv-6736.

The lead plaintiff, Catherine Lewan, was a Kazaa customer who was sued by the RIAA for her use of Kazaa, and paid a settlement to the RIAA.

In her complaint she alleges, among other things, that

-Kazaa deceptively marketed its product as allowing "free downloads" (Complaint, par. 30);

-it designed the software in such a manner as to create a shared files folder and make that folder available to anyone using Kazaa, while at the same time failing to make the user aware that it had done so (Complaint, par. 36-37); and

-it surreptitiously installed "spyware" on users' computers which made the shared files folder accessible to the Kazaa network even after the user had removed the Kazaa software from his or her computer (Complaint, par. 42-45).

Complaint in Lewan v. Sharman, U.S.Dist. Ct., N.D. Ill 06-cv-6736*

On December 8th an amended complaint was filed, clarifying that the class included all Kazaa users sued by the RIAA, and had no geographical limitation.

Amended Complaint in Lewan v. Sharman, U.S.Dist. Ct., N.D. Ill 06-cv-6736*

Ms. Lewan is represented by Charles Lee Mudd, Jr. , of Chicago.

* Document published online at Internet Law & Regulation

Commentary & discussion:

(English language)
p2pnet.net
Slashdot
TechDirt
Ars Technica
fairuselaw.com
tinfoil music
Tech Web
PC Pro
inter alia
Daily Tech

(Other languages)

Heise Online
IT Avisen

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 With Counterclaims in Charleston, South Carolina, Interscope v. Korb

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.

* 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 Says No to Rae J. Schwartz Summary Judgment Motion Since RIAA Claims it has Letter from AOL Confirming Infringement

In Elektra v. Schwartz, in Brooklyn, Judge Trager said Ms. Schwartz's summary judgment motion would probably be denied because the RIAA claims it is in possession of a letter from AOL "confirm[ing] that defendant owned an internet access account through which copyrighted sound recordings were downloaded and distributed....".

December 4, 2006, Order of Hon. David G. Trager*

Copies of the underlying documents are as follows:

December 1, 2006, Letter of Ray Beckerman to Judge David G. Trager*
Elektra v. Wilke, Affidavit in Support of Motion for Expedited Discovery*
Elektra v. Wilke, Stipulation of Dismissal with Prejudice*

Copies of the prior letters, and of Ms. Schwartz's answer and counterclaim, are as follows:

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)*
December 1, 2006, Letter of Ray Beckerman to Judge David G. Trager*
Elektra v. Wilke, Affidavit in Support of Motion for Expedited Discovery*
Elektra v. Wilke, Stipulation of Dismissal with Prejudice*
Answer and Counterclaim*
Exhibit A to Answer and Counterclaim (Amicus Brief in Capitol Records v. Debbie Foster)*

* 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

Warner Music CEO Admits His Kids Stole Music

Wired Blogs reports:

Warner Music CEO Admits His Kids "Stole" Music, Didn't Get Sued

On the last day of the recent Reuters Media and Marketing Summit in New York, Warner Music Group CEO admitted that he was "fairly certain" that one or more of his seven children had downloaded music without the permission of the copyright owner, which Reuters referred to as stealing.

Despite the alleged infringers' proximity to the major label head and his direct awareness of it without the use of ISP subpoenas, somehow no lawsuits were deemed necessary...

Complete article

* Document published online at Internet Law & Regulation

Commentary & discussion:

Slashdot
p2pnet.net
Ars Technica
Become The Media

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

UMG v. Lindor Decision Granting Leave to Amend Answer Now Available on Westlaw

The November 9th decision in UMG v. Lindor, granting defendant's motion for leave to amend answer to include defense of unconstitutionality of RIAA's $750-per-song file damages theory, is now reported in Westlaw, and can be cited as 2006 WL 3335048.

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

Rae J. Schwartz Responds to RIAA Letter Opposing Her Summary Judgment Request

In Elektra v. Schwartz, the RIAA's case in Brooklyn against a Queens mother who has Multiple Sclerosis and who has never engaged in file sharing or movie downloading, Ms. Schwartz's lawyers have responded to the RIAA's letter opposing her request for a premotion conference or waiver of premotion conference, for her summary judgment motion:

December 1, 2006, Letter of Ray Beckerman to Judge David G. Trager*
Elektra v. Wilke, Affidavit in Support of Motion for Expedited Discovery*
Elektra v. Wilke, Stipulation of Dismissal with Prejudice*

Copies of the prior letters, and of Ms. Schwartz's answer and counterclaim, are as follows:

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)*
Answer and Counterclaim*
Exhibit A to Answer and Counterclaim (Amicus Brief in Capitol Records v. Debbie Foster)*

* 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

Oral Argument Held in UMG v. Lindor on (a) MediaSentry "Privilege" Argument and (b) Subpoena of Ms. Lindor's Son's Computer

Oral argument was held on November 30th before Magistrate Judge Robert M. Levy, in Brooklyn federal court, in UMG v. Lindor, on 3 different topics:

-The RIAA's Motion for a Protective Order Declaring Its Agreements with MediaSentry to be privileged;

-Ms. Lindor's son's objections to plaintiffs' subpoena of his computer; and

-Ms. Lindor's motion to preclude plaintiffs from trying to prove the existence of 38 song files even though they only have 11 song files.

The judge set a briefing schedule for the RIAA's motion to compel production of Ms. Lindor's son's computer and other devices, and reserved decision on the motion to preclude and motion for protective order.

November 30, 2006, Docket Entry, Oral Argument of MediaSentry protective order motion, preclusion motion, and Ms. Lindor's son's objections to subpoena*

Transcripts of the proceedings would be available for purchase through the Court Reporter's Office of the United States District Court, Eastern District of New York.

* 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