Thursday, October 25, 2007

New contested case in Upstate New York, UMG v. Landau; RIAA does not claim "making available"

A new contested case is being fought in upstate New York, UMG v. Landau.

The complaint in Landau is the new-style complaint which the RIAA first used in Interscope v. Rodriguez after Judge Brewster, in that case, dismissed the RIAA's boilerplate "making available" complaint as "boilerplate" "conclusory" "speculation".

The defendant is represented by Paul Rapp of Housatonic, Massachusetts.

Complaint*
Answer*

* Document published online at Internet Law & Regulation

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3 comments:

David said...

I just wanted to point out the "making available" language is still in the wording of the injunction the RIAA is asking for.

mhoyes62 said...

Is this one of the university lawsuits? I notice that the IP address they give is for Syracuse University net block.

I also notice that they are still trying to say that the IP address is unique and identifies a particular person. In a college setting, this is even less likly as the students can usually figure out ways to spoof addresses and other hi-jinks, that would make identifying the computer much harder. Also, in all of the complaints, I have yet to see them take the required steps to comfirm time codes between the system logging the IP address for the RIAA, and the system logging the IP addresses assigned at the various ISPs.

Ray Beckerman said...

Yes it's a Syracuse University case.