In March, 2006, Marie Lindor interposed the following affirmative defense, alleging copyright misuse:
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.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).
9. As such, they are guilty of misuse of their copyrights.
To the best of our knowledge it has not attempted to dismiss copyright misuse where it has been alleged only as a defense.
In what we believe is a first for the RIAA, it has announced that it is making a motion to dismiss Marie Lindor's copyright misuse defense in UMG v. Lindor.
August 8, 2007, Letter of Richard L. Gabriel to Hon. David G. Trager (Motion to Dismiss Copyright Misuse Defense)*
* Document published online at Internet Law & Regulation
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