Friday, April 11, 2008

In Lava v. Amurao, case closed, all motions denied as moot

At a conference today in Lava v. Amurao, the judge dismissed the case with prejudice, with each party to bear their own attorneys fees, and denied all of the pending motions as moot.




Keywords: digital copyright law online internet 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 intellectual property

6 comments:

Anonymous said...

So, will we find out why is was dismissed, and why the RIAA is not paying the defendants fees?

-B

Anonymous said...

Another outrage that the RIAA skates away free from paying for their frivolous lawsuit. This judge and this decision makes mockery of the payment of prevailing party's fees under the Copyright Act, and has allowed the RIAA plaintiffs to exact all the financial punishment on the clearly innocent defendant that they desired to inflict.

This decision certainly does NOT encourage innocent defendants to litigate meritorious cases as the Copyright Act clearly intends, and the judge seems clueless of this fact.

I hope the case seeking review by SCOTUS on the unreasonable barrier defendants face in receiving fair treatment regarding fees under the Copyright Act is accepted and quickly ruled favorably on.

Another bad day for true justice here.

-DM

alter_fritz said...

So Amurao has "lost" non the less :-(

I second DM's comment
Another bad day for true justice here.

Jadeic said...

Somebody is running scared and it ain't one of us chickens ...

OR

to put it another way - there ain't much more room left on this 'ere fence.

Brer Dave

Matt said...

If I recall correctly, Amurao's first counterclaim, for declaration of non-infringement, did not survive judgement on the pleadings, but his second counterclaim, for misuse of copyright, did.

If the second counterclaim has also been dismissed, I'm guessing we're looking at a settlement of some sort. If it hasn't, there's still more to come.

Going to wait and see what's up here.

Richard A. Altman said...

I will be obtaining a transcript of the court's oral order and will have it posted.