In an upstate New York case, in federal court in Binghamton, Interstate v. Kimmel, the Judge has granted the RIAA's motion to dismiss the defendant's counterclaims for a declaratory judgment of non-infringement and for copyright misuse:
June 18, 2007, Decision, Granting Motion to Dismiss Counterclaims*
Defendant is represented by Richard A. Altman of Manhattan. Similar motions had been made to dismiss virtually identical counterclaims in two other cases handled by Mr. Altman, Atlantic v. Shutovsky, in which the motion was denied, and Lava v. Amurao, in which the motion was denied as to the copyright misuse counterclaim, and in which the Court's order denied the motion as to the declaratory judgment claim but at oral argument the Judge had indicated he was granting the motion as to that claim.
* Document published online at Internet Law & Regulation
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