In Lava v. Amurao, where the defendant had interposed two counterclaims -- one for a declaratory judgment of non-infringement and one seeking forfeiture of the copyrights due to copyright misuse -- the RIAA had moved to dismiss both counterclaims. The Court at oral argument had indicated that the declaratory judgment claim was unnecessary and would be dismissed, but the copyright misuse counterclaim would stand. However, the minute entry in the Court's docket sheet indicated that both counterclaims would stand.
Today the Court corrected the minute entry, confirming what had been said at oral argument: the declaratory judgment claim is dismissed; the copyright misuse claim is not dismissed.
June 27, 2007, Corrected Minute Entry in Docket Sheet Confirming First Counterclaim is Dismissed, Second Counterclaim is not dismissed*
* Document published online at Internet Law & Regulation
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