Saturday, September 29, 2007

Bobby and Michelle Santangelo File Opposition to RIAA Motion to Dismiss Counterclaims

In Elektra v. Santangelo II the defendants have filed their opposition to the RIAA's motion to dismiss counterclaims.

Defendants' Memorandum of Law in Opposition to RIAA Motion to Dismiss Counterclaims*

* Document published online at Internet Law & Regulation

Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

1 comment:

AMD FanBoi said...

This is quite a rhetorical document. As I read it, it seems as though I can hear some great or legendary orator of perhaps the mid-1800's booming out these arguments that the law is a living, breathing thing that is forever growing and evolving as the world around it grows and evolves. And while past precedent is meaningful, precedent cannot possibly address issues that didn't even exist when the precedent was created.

And again Noerr-Pennington defense is called out for the "sham" that all this really is.

Btw, if both children are being sued here, which downloaded and shared songs are attributed to each child? Did both download and share each song simultaneously together, or did some do one song, and some the other? And how can you sue two people for the individual actions of one or the other? Is it enough to say that "Because we don’t' know who did what, we'll just say that they both did it together, and that both must pay"? Enquiring minds yada yada yada.