Wednesday, February 28, 2007

Default Judgment Vacated in Illinois case, Warner v. DeWitt

In Warner v. DeWitt, a case in Illinois, the Court has vacated a default judgment entered against the defendant, despite the RIAA's strenuous opposition:

February 28, 2007, Order Vacating Default Judgment*

Copies of Ms. DeWitt's motion, and the RIAA's opposition, are as follows:

Defendant's Memorandum of Law in Support of Motion to Vacate Default*
RIAA's Memorandum of Law in Opposition to Motion to Vacate Default*
Defendant's Reply Memorandum of Law in Support of Motion to Vacate Default*

Ms. DeWitt is represented by Matthew Miller and Cassandra Crane of Miller & Sweeney in Chicago.

* 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

Tuesday, February 27, 2007

Judge "Clarifies" Order in Capitol v. Foster: RIAA has 60 days to finish "reasonableness" discovery; no modification of scheduling order

In Capitol v. Foster, Judge West denied the RIAA's motion for "clarification" of his scheduling order, and indicated that:

-when he said they have 60 days to complete discovery he meant 60 days;
-he saw no reason to extend the commencement of that period until after his ruling on their separate "reconsideration" motion, since the two activities could take place simultaneously;
-he saw no reason to change the part of the order that permitted Ms. Foster to supplement her attorneys fee request after the close of discovery.

February 27, 2007, Order Denying "Clarification" Motion*

Ms. Foster is represented by Marilyn Barringer-Thomson of Oklahoma City, Oklahoma.

* 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

Elektra v. Barker "Making Available" Oral Argument Now Available Online

A transcript of the January 26th oral argument of defendant's dismissal motion, before Judge Kenneth M. Karas, in Elektra v. Barker, which dealt, among other things, with the issue of whether or not "making available" is a copyright infringement, is now available online:

Transcript of January 26, 2007, Proceedings, Elektra v. Barker 1:05-cv-7340 KMK (USDC, SDNY)*

(Ed. note:The transcript was purchased and made available to us by "A Friend of the Fight". Thank you, "Friend".-R.B.)

* Document published online at Internet Law & Regulation

Commentary & discussion:

Slashdot
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 Gives RIAA Until Thursday March 1st to Respond to Motion to Compel Turnover of RIAA's Lawyers' Billing Records in Capitol v. Foster

In Capitol v. Foster, where the RIAA has sought "discovery" into the reasonableness of Ms. Foster's attorneys fees, even though the RIAA (a) already has all of Ms. Foster's lawyer's billing records, and (b) has for the past year been refusing to provide Ms. Foster's attorney their own attorneys' billing records, the Judge has given the RIAA until Thursday, March 1st, to respond to the motion Ms. Foster's attorney made last week to compel the RIAA to turn over all of its lawyers' billing records on the case:

February 26, 2007, Order, Directing Plaintiffs to Respond to Defendant's Motion to Compel by March 1, 2007*

* 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 Opposes Motion for Guardian Ad Litem in Elektra v. Schwartz

In Elektra v. Schwartz, a Brooklyn case against Queens resident Rae J Schwartz, who has Multiple Sclerosis, the RIAA has opposed the motion Ms. Schwartz made based on the Michigan case Priority v. Chan II, for appointment of a guardian ad litem whose fees would be funded by the plaintiffs:

Plaintiffs' Memorandum of Law in Response to Motion for Guardian Ad Litem*

* 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

Saturday, February 24, 2007

Another new Contested Case in Mississippi: Atlantic v. Myers

Another new contested case is being fought out in Mississippi, Atlantic v. Myers

Answer of Defendant*

Mr. Myers is being represented by Niles Hooper of Jackson, Mississippi.

* 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

Friday, February 23, 2007

Ms. Lindor's Son Opposes RIAA Motion to Compel, RIAA expert Doug Jacobson deposed, in UMG v. Lindor

In UMG v. Lindor,

-Ms. Lindor's son filed papers opposing the RIAA's motion to compel production of his personal computer:

Memorandum of Law In Opposition to Motion to Compel*
Declaration of Richard A. Altman In Opposition to Motion to Compel*
Affidavit of Woody Raymond In Opposition to Motion to Compel*

and

-the RIAA's expert witness, Dr. Doug Jacobson, was deposed.

* 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 Refuses to Turn Over Its Attorneys Billing Records in Capitol v. Foster; Debbie Foster Moves to Compel

In Capitol v. Foster, in Oklahoma, the RIAA has refused to turn over its attorneys billing records, although Ms. Foster had demanded those records almost a year ago.

Citing caselaw which establishes that, in connection with an attorneys fees motion, the fees spent by the non-prevailing party are relevant to the reasonableness of the prevailing party's fees, Ms. Foster has now made a motion to compel production of those records.

Defendant's Motion to Compel Production of RIAA's Attorneys' Billing Records*

* 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

Wednesday, February 21, 2007

Patti Santangelo Opposes RIAA Motion to Discontinue "Without Prejudice"

Patti Santangelo is opposing the RIAA's motion to withdraw her case "without prejudice", in Elektra v. Santangelo.

Her attorney was delayed in filing his opposition papers. The RIAA would not consent to his filing the papers late. He then requested permission from the Court to file his opposition papers late. Judge Colleen McMahon granted permission, saying "I will Accept the late filing. Enough of these silly letters."

Memo Endorsed, Filed February 21, 2007, Accepting Late-Filed Answering Papers*

* Document published online at Internet Law & Regulation

Commentary & discussion:

hardocp.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

RIAA Moves for "Reconsideration" of Order Granting Attorneys Fees and "Clarification" of Schedule in Capitol v. Foster

The RIAA has moved for "reconsideration", in Capitol v. Foster, of the Court's order granting Ms. Foster's attorneys fees motion, and has moved for "clarification" of the Court's order scheduling discovery on the reasonableness of the attorneys fees. Additionally, the RIAA, in its "clarification" motion, asked the Court to change its ruling that Ms. Foster gets to supplement her attorneys fees request after the RIAA completes its "discovery" -- i.e. they are trying to prevent the Court from awarding Ms. Foster her attorneys fees incurred during the "discovery" process. Meanwhile, Ms. Foster has moved for a modification of the scheduling order (the order the RIAA moved to "clarify") to ensure that she gets her outstanding discovery requests answered; to date the RIAA has refused to provide her attorney with the RIAA's attorneys' billing records.

RIAA Motion to "Reconsider" Order Granting Attorneys Fees Motion*
RIAA Motion to "Clarify" Scheduling Order*
Ms. Foster's Motion to Modify Scheduling Order*
Ms. Foster's Objections to RIAA's Motion to "Clarify"*

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2pnet.net
Ars Technica
The iPod Observer
Wired

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, February 20, 2007

Judge Sets Schedule for Discovery on reasonableness of attorneys fees and for Ms. Foster to Request Additional Fees in Capitol v. Foster

Judge Lee R. West, in Capitol v. Foster, pending in Oklahoma City, Oklahoma, has (a) given the RIAA until April 16th to conclude its discovery on the reasonableness of Ms. Foster's attorneys fees, and (b) given Ms. Foster until April 26th to file a supplemental request for additional fees:

February 15, 2007, Order, Fixing Schedule for (a) Plaintiffs to Complete Discovery on Reasonableness of Defendant's Attorneys Fees, and (b) Defendant to File Supplemental Request for Additional Fees*

Ms. Foster is represented by Marilyn Barringer-Thomson of Oklahoma City, Oklahoma.

* 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

Monday, February 19, 2007

New Contested Case in Mississippi, Elektra v. Dennis

A new contested case has been brought in the Southern District of Mississippi, Elektra v. Dennis.

The defendant is represented by Karen Spencer of Jackson, Mississippi.

A copy of the complaint is as follows:

Complaint*

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

Saturday, February 17, 2007

Guardian Ad Litem Motion Scheduled in Elektra v. Schwartz

The motion for appointment of a guardian ad litem on behalf of the defendant in Elektra v. Schwartz, the case against a defendant with Multiple Sclerosis, has been scheduled:

February 16, 2007, Docket Entry of Order Scheduling Motion for Guardian Ad Litem*

* 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

Friday, February 16, 2007

Magistrate Judge Denies Defendant's Motion to Compel Discovery Responses on Record Company Employees' Use of P2P to Transmit Songs to Radio Stations

In UMG v. Lindor, Magistrate Judge Robert M. Levy has denied Ms. Lindor's application for an order compelling the plaintiffs to respond to her interrogatory and document request relating use by record company employees of p2p file sharing as a means of transmitting songs to radio stations:

February 16, 2007, Order of Magistrate Judge Robert M. Levy denying defendant's application for order compelling responses to Interrogatory 5 and Document Request 4*

* 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 Set for Motion to Compel Ms. Lindor's Son to Turn Over Computer and Listening Devices to the RIAA

Magistrate Robert M. Levy has scheduled oral argument in UMG v. Lindor of the RIAA's motion to compel production of the computer and listening devices of Ms. Lindor's son, Woody Raymond. The argument has been scheduled for Monday, March 26th, at 11:00 A.M., at 225 Cadman Plaza East, Brooklyn, NY 11201, in Magistrate Levy's courtroom on the 11th floor. The proceedings are open to the public.

February 15, 2007, Order Scheduling Oral Argument*

Mr. Raymond is an adult son of Ms. Lindor who resides 4 miles away from Ms. Lindor's home. The RIAA served a subpoena to compel him to produce his computers and listening devices. Mr. Raymond and his mother both objected to the subpoena. The RIAA thereafater made this motion to compel.

* Document published online at Internet Law & Regulation

Mr. Raymond is represented by Richard A. Altman, of 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

Thursday, February 15, 2007

New Contested Case in White Plains, Lava v. Amurao

A new contested case has been brought in White Plains, Lava Records v. Rolando Amurao. Here is a copy of the defendant's answer and counterclaims:

Answer and Counterclaims*

Mr. Amurao is represented by Richard A. Altman, of New York, 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

RIAA Files Reply Brief Attacking LimeWire's Antitrust Counterclaims

In the RIAA case against LimeWire, Arista v. LimeWire, the RIAA has filed its reply brief in support of its motion to dismiss LimeWire's antitrust counterclaims:

February 15, 2007, Reply Memorandum of Law*

* 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

Wednesday, February 14, 2007

p2pnet Reports: EFF Comes Out Against RIAA's New Plan to Conscript ISP's as Collection Agents and Information Gatherers

p2pnet reports that the Electronic Frontier Foundation has come out against the RIAA's new letter to ISP's, trying to get them to assist in collection efforts and to gather and preserve information for the RIAA's use:

'ISPs don't work for the RIAA'

p2pnet.net news:- Yesterday, Ray Beckerman revealed an RIAA (Recording Industry Association of America) demand to ISPs that henceforth, they should consider themselves an integral part of the Warner Music, EMI, Vivendi Universal and Sony BMG Organized Music sue 'em all effort.

Among other things, it states:



To assist you in extending this option to your subscribes we will e-mail to you, along with the evidence preservation notice, a letter for you to forward to the subscriber.That letter will explain that the subscriber has been targeted for suit and that he or she has the opportunity, in advance of that suit being filed, to contact us to resolve the claims. Whether they want to contact us at thast time will be entirely up to them, but if they do not, they will not be eligible for a discounted settlement rate.

We can extend this Pre-Suit settlement option only to those ISPs who agree to maintain the log file for the IP address for at least 180 days. This timeframe is necessary to allow sufficient time to pursue the Doe lawsuit and subpoena if settlement discussions are not fruitful.If you will not agree to forward the early notices to subscribers and maintain the log files for 180 days, then our members will simply proceed as before with an immediate Doe lawsuit against the subscriber, followed by a subpoena as allowed by the courts.


Cindy Cohn is the EFF (Electronic Frontier Foundation) legal director and general counsel, and here's what she has to say about the letter on Deep Links.

>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>.

As if suing thousands of music fans isn't bad enough, now the RIAA wants to conscript ISPs into helping them streamline the shakedowns. The major record labels sent a letter to ISPs across the country asking them to trade away customers' rights and make the overzealous file sharing lawsuits more profitable -- and the RIAA even has the audacity to suggest that this is all for your own good.

ISPs currently have no obligation to maintain IP log files, and that's a good thing when it comes to protecting your privacy. Those log files can serve as Internet breadcrumbs -- your ISP and any third party that has access to them can retrace your online activities.

But the RIAA wants ISPs to maintain (and disclose) a customer's IP logs for six months whenever the RIAA says the user may have infringed copyright. In exchange, the record companies will reduce its initial lawsuit settlement demands. Of course, the actual customer would have no say in the matter. The RIAA letter says it wants the information kept because it could "exculpate" the customer, but of course those same records can also implicate the user. Funny, the labels don't mention that.


Complete article

Commentary & discussion:

Gizmodo

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 It Will Seek "Reconsideration" of Capitol v. Foster Order; Asks for 60 Days to Complete Attorneys Fee Discovery

In Capitol v. Foster, the Oklahoma case in which the Judge has granted defendant's motion for attorneys fees, the RIAA has indicated it intends to file a motion for "reconsideration", and that -- if the motion is denied -- it wants 60 days in which to complete discovery on the reasonableness of the attorneys fees.

Plaintiff's Status Report*

* Document published online at Internet Law & Regulation

Commentary & discussion:

p2pnet
LittleWhiteDog.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

Tuesday, February 13, 2007

Judge Allows LimeWire to Pursue Discovery on Antitrust Issues, Denies RIAA's Motion for Stay

In the RIAA's case against LimeWire, Arista v. LimeWire, in which LimeWire has countersued against the RIAA for antitrust violations, the RIAA asked the judge to stay all discovery on the antitrust counterclaims while their motion to dismiss the counterclaims is pending.

Judge Gerald E. Lynch rejected their argument, and ordered discovery to proceed on the antitrust issues:

February 8, 2007, Order, Denying Plaintiffs' Application for Stay of Discovery*

* Document published online at Internet Law & Regulation

Commentary & discussion:

Torrent Freak

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 Adopts New Policy, offers "Pre-Doe settlement option" if ISP Holds Logs Longer, Asks ISP's to Correct Identification Mistakes

The RIAA has sent out a letter to ISP's attempting to change its prelitigation policies:

Letter from RIAA to ISP's*

While we have not had time to analyse the letter in detail, some of its interesting features are:

-creation of a new "Pre-Doe settlement option";
-it will only make the "Pre-Doe settlement option" available to customers of ISP's who agree to preserve their logs for 180 days;
-the "Pre-Doe" option will supposedly allow settlement at a reduced amount, with a discount of $1000 or more, if they settle before a John Doe lawsuit is brought;
-the RIAA will be launching a web site for "early settlements", www.p2plawsuits.com;
-the letter asks the ISP's to notify the RIAA if they have previously "misidentified a subscriber account in response to a subpoena" or became aware of "technical information... that causes you to question the information that you provided in response to our clients' subpoena";
-it requires ISP's to notify the RIAA "as early as possible" as to whether they will enter the 180 day/"pre-Doe" plan;
-it mentioned that there has been confusion over how ISP's should respond to the RIAA's subpoenas;
-it noted that ISP's have identified "John Does" who were not even subscribers of the ISP at the time of the infringement; and
-it requested that ISP's furnish their underlying log files as well as just the names and addresses.

* Document published online at Internet Law & Regulation

Commentary & discussion:

Ars Technica
digg
Slashdot
TechDirt
Geek News Central
Wired.com
p2pnet.net
boing boing
Digital Citizen
Ratiatum (French)
Digital Media Wire
i-Hacked
What the Geek?
Corante Copyfight
BroadbandReports.com
ComputerWorld
BroadbandReports.com
iMedia Law Blog
Security Lab (Russian)
Rock Lawwwbster
Domain Name Rights Coalition
The Inquirer
BroadbandReports.com
Heise Online (German)
p2pnet.net
gulli (German)
nwitimes.com
Law.com
GigaLaw.com

Digg!

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

Maverick v. Goldshteyn Case Settled

The Maverick v. Goldshteyn case, in Brooklyn, has been settled:

Stipulation and Order of Settlement*

* 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

Monday, February 12, 2007

Experimental New Policy on Comments on "Recording Industry vs. The People"

As an experiment, I'm going to change my policy on comments. It might be a short lived experiment, or it might work out. We'll see.

Initially I found that I was getting barraged with 'comment spam', so I switched to limiting comments to registered Blogger.com members. That greatly reduced the amount of comment spam, but it created the problem of requiring someone who wants to comment to join Blogger.com, when they might not feel like it.

I've decided to try a new format, where I will allow anyone to comment, but will invoke "comment moderation".

It's altogether possible that this will work out. It's also possible that "comment moderation" will be too big a burden for me, or too big a pain for my loyal readers who will have to wait for their comments to be posted, and I'll have to go back to a members-only format, but let's see.

My "moderation" policies, going into this, will be:
-no comment spam
-no profanity
-no RIAA trolls masquerading as something else (if RIAA PR flacks present themselves for who they are, they are welcome to participate)
-no unsupported accusations
-no defamation
-nothing to detract from the dignity of "Recording Industry vs. The People" as a forum for the discussion of very important issues.

I welcome your feedback.

Best regards
Ray




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

Saturday, February 10, 2007

Open Letter by Bennett Lincoff to Steve Jobs and Mitch Bainwol regarding DRM and digital music

The following is an open letter that was sent by New York copyright attorney Bennett Lincoff to Steve Jobs and Mitch Bainwol, which Mr. Lincoff has been kind enough to share with "Recording Industry vs. The People". Although the letter is not about the litigations per se, I thought it would be of interest to my readers, in that it seeks to point the music industry towards the future, instead of its present obsession with the past. I.e. towards 'getting a life'.

An Open Letter to Steve Jobs and Mitch Bainwol prompted by their recent statements regarding the role of DRM. Posted by Bennett Lincoff.

Mr. Jobs says that DRM cannot effectively protect recorded music when it is transmitted digitally. He is right. The music industry’s many experiments with DRM have all met with effective technological countermeasures. Moreover, news of each successful hack quickly found its way to everyone who cared. There is no reason to believe that the results will be different next time, or ever.

For his part, Mr. Bainwol insists that DRM is essential to the music industry’s survival in the digital age.

The problem is that the Internet is fundamentally incompatible with the music industry’s traditional sales-based revenue model. Through the Internet, the market for sale of individual recordings can be saturated in a moment’s time and without payment of any royalties to songwriters, music publishers, recording artists or record labels. Neither law, nor technology, nor moral suasion will change this fact.

Mr. Jobs suggests, and I agree, that DRM should be abandoned as a tool for the protection of recorded music. However, before Mr. Jobs can implement his DRM-free utopia, the music industry must have a viable alternative business model by which it can continue to thrive. Mr. Jobs has not suggested one. Mr. Bainwol denies that one is needed; intending, instead, to continue efforts to preserve the industry’s sales-based revenue model. In any event, in the absence of an alternative business model suited for digital transmissions of recorded music, Mr. Bainwol cannot even begin to discuss the possible elimination of DRM.

I propose such an alternative in the attached White Paper(pdf).

Mine is a comprehensive approach to rights licensing and rights management that does not depend on the efficacy of exclusionary DRM technology for its success. A solution that simultaneously protects the integrity of copyright, promotes technological innovation, facilitates the growth of all manner of licensed digital audio services (including P2P), and meets consumer demand. In the aggregate, music industry rights holders would do no less well financially under my proposal than they do now under the system that my proposal would replace.

With this alternative business model in hand (which includes a plan for its implementation), there can be no further justification for the music industry’s failure to respond constructively to the changed circumstances imposed on it by emergence of the global digital communications network.

ABOUT MR. LINCOFF: Mr Lincoff is an intellectual property law attorney, consultant and writer with more than twenty years experience in the music industry.

Commentary & discussion:

Heise Online (Germany)
Buzzworthy

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, February 09, 2007

RIAA Seeks to Expedite Discovery in Elektra v. Schwartz, Case Against Woman with Multiple Sclerosis

In Elektra v. Schwartz, a Brooklyn case against a woman with Multiple Sclerosis, the RIAA has sought to expedite discovery against the woman and her minor child:

February 4, 2007, Letter of Ray Beckerman (Medical issues; RIAA request for expedited discovery; Electronic filing)*
February 5, 2007, Order of Magistrate Robert M. Levy, Ordering Electronic Filing, Fixing Conference, Ordering Defendant Counsel to furnish basis for appointment of Guardian Ad Litem*

* 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

Thursday, February 08, 2007

Great Article in Groklaw about the significance of Capitol v. Foster

Here are the first few paragraphs of a GREAT article which appears on Groklaw about the significance of the decision in Capitol v. Foster (I strongly recommend that you read the WHOLE article):

For the Cynics, an Antidote: The Order in Capitol v. Foster

Dated:Thursday, February 08 2007 @ 04:57 AM EST

I gather from comments on the last article that some among you are not yet convinced that anything close to justice can ever happen in a courtroom. Well, dear SCO-wounded cynics, this is for you, an order signed on February 6 by Judge Lee West, a US District Judge in the Western District of Oklahoma, in the case of Capitol v. Foster . It should help you to see that while the courts may be slow, they can get there.

This order has to do with a woman who was not rich or powerful. A single mom. She started with no important friends to pull strings for her. What she had was innocence, a willingness to fight to prove it, and an unwillingness to give up and settle with the music industry, thus admitting to something she said she had not done. Indignation can be empowering, like a wave you can ride a long way, indeed. She also had an attorney willing to work, I gather, for maybe next to nothing, if necessary, Marilyn Barringer-Thomson.

As a result, the music industry, which has been suing the poor and powerless -- some believe so as to build a body of one-sided case law around US Copyright Law -- has been told where the line in the sand is. The plaintiffs who massed against this defendant -- Capitol Records, UMG Recordings, Maverick Recording Company, BMG Music, Arista Records, Sony BMG Music Entertainment, and Warner Bros. Records -- have been told they will have to pay a reasonable amount, yet to be determined, of this vindicated defendant's legal fees, because she has been ruled the prevailing party, against all odds.

It's not the money. Or more accurately, it's not just the money, although surely the music industry will now be more careful who they sue, so as to avoid another outcome like this. It's the precedent that really matters. The music industry's attempt to establish that an Internet account holder is responsible for any copyright infringement that occurs using it, whether or not the person knows about it or approves it, has bitten the dust in a courtroom in Oklahoma....

Complete article

Other interesting articles about the decision appear on p2pnet.net and 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

Wednesday, February 07, 2007

Ms. Lindor Opposes RIAA Motion to Compel Production of Her Son's Computer

In UMG v. Lindor, in Brooklyn, Ms. Lindor has filed opposition papers to the motion the RIAA has made to compel the production of her son's computer and listening devices:

February 7, 2007, Declaration of Ray Beckerman*
Exhibit A (February 7, 2007, Order and Decision in Capitol Records v. Debbie Foster)*

* 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

Tuesday, February 06, 2007

Judge Grants Debbie Foster's Attorneys Fees Motion in Capitol v. Foster

In Capitol v. Foster, in Oklahoma, the Court has granted the defendant Debbie Foster's motion for attorneys fees to be imposed against the RIAA, and held that Ms. Foster is entitled to an award of her reasonable attorneys fees:

February 6, 2007, Order and Decision*

The exact amount of the 'reasonable' fees to be awarded has not yet been determined.

Ms. Foster had sought approximately $55,000 in her motion.

The judge also held that (a) the RIAA will be permitted to engage in discovery on the attorneys fee issue, and (b) Ms. Foster can supplement her application (i.e. seek fees for the later work, including, presumably, time spent in discovery on the 'reasonableness' issue).

Ms. Foster is represented by Marilyn Barringer-Thomson of Oklahoma City, Oklahoma.

* Document published online at Internet Law & Regulation

Commentary & discussion:

(English language)


p2pnet.net
digg
Ars Technica
Groklaw
EFF.org
Wired
Variety
Nevada Appeal
LA Times.com

(Other languages)

Heise Online
gulli

Digg!

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

Saturday, February 03, 2007

Summary Judgment Battle Rages in Washington in Interscope v. Leadbetter

In Interscope v. Leadbetter, in Seattle, Washington, the RIAA has made a motion for summary judgment against the defendant's son, and the son has cross-moved for summary judgment dismissing the case.

Plaintiffs' Motion for Summary Judgment*
Selected exhibits submitted in support of plaintiff's summary judgment motion*
Defendant Donald Leadbetter's Cross-Motion for Summary Judgment*
Exhibit A to Defendant's Cross-Motion (Gary Millen deposition)*
Exhibit B to Defendant's Cross-Motion (Alan Pitcher deposition)*
Exhibit C to Defendant's Cross-Motion (Donald Leadbetter's affidavit)*
Exhibit B to Defendant's Cross-Motion (Donald Leadbetter deposition)*

Mr. Leadbetter is represented by Lory Lybeck of Lybeck Murphy, LLP, a Seattle, Washington, firm which handles cases in Washington, Oregon, and Alaska.

* 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

Friday, February 02, 2007

Lawyer for Bobby and Michelle Santangelo admitted pro hac vice

The motion for pro hac vice admission made by Jordan Glass, attorney for Robert and Michelle Santangelo in Elektra v. Santangelo II, has been granted:

January 31, 2007, Order of Judge Robinson granting motion of Jordan Glass for admission pro hac vice*

* 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

Medical records submitted in Elektra v. Schwartz

In Elektra v. Schwartz, a Brooklyn case against a Queens woman with Multiple Sclerosis, medical documents have been submitted by the defendant to Magistrate Robert M. Levy:

January 19, 2007, Letter of Ray Beckerman to Magistrate Robert M. Levy*

* Document published online at Internet Law & Regulation

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Thursday, February 01, 2007

Warner v. Cassin dismissal motion pre-motion conference adjourned to April 27th

The pre-motion conference in connection with defendant's contemplated motion to dismiss complaint in Warner v. Cassin, pending in federal court in White Plains, New York, has been adjourned to April 27th:
January 31, 2007, Order re-scheduling conference to April 27th*

* 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