Monday, December 31, 2007

Year End Charitable Contribution to Expert Witness Defense Fund

If you want to make a charitable contribution today, may I suggest contributing via PayPal or credit card to the Free Software Foundation for its Expert Witness Defense Fund.


Commentary & discussion:

KPNEMO (Russian





Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property






Sunday, December 30, 2007

Washington Post Article: "Download Uproar: Record Industry Goes After Personal Use"

THE LISTENER
Download Uproar: Record Industry Goes After Personal Use
By Marc Fisher
Washington Post Staff Writer
Sunday, December 30, 2007; Page M05

Despite more than 20,000 lawsuits filed against music fans in the years since they started finding free tunes online rather than buying CDs from record companies, the recording industry has utterly failed to halt the decline of the record album or the rise of digital music sharing.

Still, hardly a month goes by without a news release from the industry's lobby, the Recording Industry Association of America, touting a new wave of letters to college students and others demanding a settlement payment and threatening a legal battle.

Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.
Complete article

Marc Fisher Blog (Version with Comments)

Commentary & discussion:


Slashdot
Digital Journal
Slashdot
MetaFilter Community Weblog
p2pnet.net
Short News
C/Net
Engadget
odd times signatures
Patry Copyright Blog
CNN Video
MediaPostPublications
Tech-Ex
Tommy k Johanssons blogg om datorer & Internet (Swedish)
Time



Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property






Friday, December 28, 2007

In College of William & Mary case, RIAA submits Oklahoma State University decision as "supplemental authority"

Subsequent to the filing of its reconsideration motion in the uncontested "John Doe" case against College of William & Mary students, Interscope v. Does 1-7, the RIAA has submitted its victorious decision in the Oklahoma State University case, Arista v. Does 1-11.

Interscope v. Does 1-7 is the case where Judge Kelley sua sponte denied the RIAA's application for discovery.

RIAA motion to submit "supplemental authority"*

* Document published online at Internet Law & Regulation





Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property






New Contested Case in Phoenix, Arizona, Capitol v. Weed; Counterclaims Asserted for Abuse of Process, Prima Facie Tort, Conspiracy, and others

A new contested case has come to our attention, Capitol v. Weed, in Phoenix, Arizona.

Apparently the defendant was representing herself for awhile, but is now represented by two Tucson, Arizona, firms, Williamson & Young and Karp Heurlin Weiss, who have filed an amended answer with counterclaims for:

-declaratory judgment of non-infringement
-abuse of process
-civil conspiracy to use illegal investigators, commit extortion, and gain unauthorized access to a computer
-prima facie tort
-copyright misuse
-invasion of privacy
-copyright abuse and forfeiture
-deceptive trade and collection practices
-declaratory judgment.





Amended Answer and Counterclaims*

* Document published online at Internet Law & Regulation





Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property






RIAA-fighting Maine law professor speaks out

In a fascinating interview with Jon Newton of p2pnet, Prof. Deirdre Smith of the University of Maine Law School's Cumberland Legal Aid Clinic, which is the first law school legal clinic in the U.S. to have taken on the RIAA, says that "our students are enthusiastic about being directly connected to a case with a national scope and significance".

She went on to say that the case (Arista v. Does 1-27 (Portland, ME)) is probably one of the first intellectual property cases the clinic has ever taken on, and that if it proceeds further, she expects to also "draw on the considerable expertise in IP among members of our faculty and the Maine Center for Law and Innovation, another program of the Law School".

[Ed. Note: Congratulations to the University of Maine School of Law for giving its law students the opportunity for hands-on experience fighting the RIAA's effort to rewrite copyright law. -R.B.]

Commentary & discussion:

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WinExtra
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The Maine Campus




Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property






Thursday, December 27, 2007

Northern Michigan motion to dismiss complaint, vacate order, quash subpoena, in LaFace v. Does 1-5, now fully briefed

The motion by a student at Northern Michigan University to dismiss the complaint, vacate the ex parte order, and quash the subpoena issued pursuant to the order, in LaFace v. Does 1-5, has now been fully briefed, as the RIAA has filed its opposition papers, and John Doe #4 has filed his or her reply memorandum.

RIAA Opposition Brief*
Defendant's Reply Brief*

* Document published online at Internet Law & Regulation

Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property






Wednesday, December 26, 2007

Has RIAA expert Doug Jacobson contradicted himself in UMG v. Lindor?

A year and five months after examining the defendant's hard drive in UMG v. Lindor, the RIAA's "expert" witness, Dr. Doug Jacobson, has issued a "supplemental report" which appears to contradict his earlier "reports" alluding to the hard drive inspection.

In view of the superb job the Slashdot community and the Groklaw community did in helping first to prepare for, and then to vet, Jacobson's deposition, I have submitted to both communities, and herewith humbly submit to my readers with technical background, for your learned review, the now three (3) versions of the "expert's" opinions based on the hard drive, for your analysis.

As with almost all federal litigation documents nowadays, they are, unfortunately, in *pdf format:

(a) December 19, 2006, declaration;

(b) unsigned October 25, 2006, report, awaiting approval from RIAA lawyers; and

(c) December 15, 2007, version.

The initial observations of commentators here on "Recording Industry vs. The People" are located here.

Followup: Dec. 28, 2007, 11:10 A.M.: In an incredible response, the Groklaw community have responded with over 500 comments, and counting, with extremely insightful analysis into the "junk science" of the RIAA. For some really good reading, go to this link. To PJ and to all those who gave of their valuable time to read Dr. Jacobson's multiple "reports", and to point out their many flaws, on behalf of Marie Lindor and all of the other victims of the RIAA extortion campaign, THANK YOU FROM THE BOTTOM OF MY HEART.
-R.B.



Groklaw Discussion

Commentary & discussion:

p2pnet.net
Groklaw
p2pnet.net (12/27)




Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property

To contribute to Marie Lindor's legal defense, see below.

















The above donation button links to a PayPal account established by Marie Lindor's family for people who may wish to make financial contributions to Ms. Lindor's legal defense in UMG v. Lindor. Contributions are not tax deductible.




Saturday, December 22, 2007

Student Attorneys Join Fight Against RIAA in Maine; Univ. of Maine law students submit reply brief in Arista v. Does 1-27

For the first time of which we are aware, a university's legal clinic has jumped in to fight the RIAA's ex parte litigation campaign against the nation's college and university campuses.

In Arista v. Does 1-27, where eight University of Maine students are being represented by Bob Mittel of Mittel Asen, a Portland, Maine, law firm, two other "John Doe" students are being represented by student attorneys from the University of Maine School of Law's legal clinic, the Cumberland Legal Aid Clinic, adjacent to the University of Maine School of Law campus, also in Portland.

The student attorneys, Hannah Ames and Lisa Chmelecki, are working under the supervision of Prof. Deirdre M. Smith of the University of Maine School of Law. Professor Smith serves on the Maine Supreme Judicial Court's Advisory Committee on the Rules of Evidence and Governor John Baldacci's Select Committee on Judicial Appointments.

Both the eight students represented by Mr. Mittel's firm, and the two students represented by the student attorneys at Cumberland Legal Aid Clinic, submitted reply briefs in further support of their motion to dismiss the RIAA's complaint.

Reply Memorandum on behalf of "John Does 16 & 18" in support of motion to dismiss complaint*
Reply Memorandum on behalf of "John Does 2, 3, 6, 7, 8, 15, 22, and 23" in support of motion to dismiss complaint*

* Document published online at Internet Law & Regulation

Commentary & discussion:

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Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs






Friday, December 21, 2007

GWU Students file reply brief further supporting dismissal of complaint

In Arista v. Does 1-19, the Washington DC case in which Matthew Oppenheim is representing the RIAA in an attempt to get the private identity information of students at George Washington University, the GWU student "John Doe #3", has filed his or her reply brief in support of so much of his or her motion as sought dismissal of the complaint both for failure to state a claim and for misjoinder.

This is also the case in which the judge ordered the RIAA to show cause why its subpoena should not be quashed.

The student is represented by Stephen Robertson of Robertson Medlin, from Greensboro, North Carolina.

Reply Memorandum in Support of Dismissal of Complaint for failure to state claim and misjoinder*

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2pnet.net







Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs






Brooklyn defendants represented by Jimmy Lathrop oppose RIAA's request for permission to file counterclaim-dismissal motion late

In four Brooklyn cases, including Warner v. Attal, in all of which the defendants are represented by Brooklyn attorney Jaime Lathrop, the defendants are opposing the RIAA's motion for permission to file time-barred counterclaim-dismissal motions.

December 21, 2007, Letter of Jaime Lathrop to Hon. David G. Trager (re RIAA request for permission for late filing of motion to dismiss counterclaims)*

* Document published online at Internet Law & Regulation

Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs






Suggestions on what comment policy should be for "Recording Industry vs. The People"?




ANY SUGGESTIONS ON WHERE I SHOULD BE GOING WITH MY COMMENT POLICY?

1. I find comment moderation problematic because of the time delay it causes.... but I feel it may be necessary to prevention of comment spam if I allow anonymous posting.

2. Should I allow anonymous posting?

3. If someone posts anonymously but doesn't put in some kind of 'handle' should I reject the post?

Input on these issues, or any other suggestions, would be appreciated.




Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs