The briefing schedule has been set in UMG v. Lindor for the RIAA's motion to dismiss Ms. Lindor's affirmative defense of copyright misuse, which alleges:
8. The plaintiffs, who are competitors, are a cartel acting collusively in violation of the antitrust laws and of public policy, by tying their copyrights to each other, collusively litigating and settling all cases together, and by entering into an unlawful agreement among themselves to prosecute and to dispose of all cases in accordance with a uniform agreement, and through common lawyers, thus overreaching the bounds and scope of whatever copyrights they might have.The plaintiffs' moving papers are due August 27th.
9. As such, they are guilty of misuse of their copyrights.
In the past, the RIAA has made several motions to dismiss "copyright misuse" where it has been affirmatively alleged as a counterclaim. So far, its record in that area is 2-1-1 (it has won 2 motions, lost 1, and the Court deferred ruling on another). To the best of our knowledge it has not attempted to dismiss copyright misuse where it has been alleged only as a defense. So this is a first for the RIAA.
August 15, 2007, Memo Endorsed Order Approving Briefing Schedule*
* Document published online at Internet Law & Regulation
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