Although the RIAA has made several motions to dismiss charges of "copyright misuse" when they had been interposed as a counterclaim, it has now -- for what is believed to be the first time -- filed a motion to strike when "copyright misuse" was asserted solely as an affirmative defense, in UMG v. Lindor.
Although Ms. Lindor interposed no counterclaim, the RIAA's arguments are virtually identical to the arguments it made in attacking the counterclaims in four (4) other cases.
The defense asserted by Ms. Lindor, first raised by her in March, 2006, 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.Ms. Lindor's opposition papers are due September 18th, and the RIAA's reply papers are due October 2nd.
9. As such, they are guilty of misuse of their copyrights.
RIAA Motion to Strike 4th Affirmative Defense, Copyright Misuse*
RIAA Memorandum of Law in Support of Motion to Strike 4th Affirmative Defense, Copyright Misuse*
* Document published online at Internet Law & Regulation
Commentary & discussion:
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