Friday, May 16, 2008

Tenise Barker to make reconsideration motion

In Elektra v. Barker, where Judge Karas rejected the RIAA's "making available" theory but suggested an alternate theory that would permit an infringement of the distribution right to be found where no copy had been disseminated, Tenise Barker is planning to make a motion for reconsideration based on recent caselaw contradicting the latter part of the March 31st decision.

May 16, 2008, Letter of Ray Beckerman to Hon. Richard J. Sullivan (re Reconsideration Motion)*

* Document published online at Internet Law & Regulation



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

2 comments:

Anonymous said...

One is left to wonder about the carbon footprint of the RIAA lawyer's private jets now in the air and racing to judge Davis's court. His ruling cannot be allowed to stand [in their eyes].

One wonders especially in light of the fact that a single Dodge Magnum stationwagon has ample room for a legal team, plenty of speed to get there in a timely manner, quite acceptable gasoline mileage, and lots of cargo space for hauling the mountain of opposition papers that the RIAA intends to file to this.

-DM

Ray Beckerman said...

Unfortunately for them, there is nothing they can say in their defense. They have been caught red-handed.

1. They knew about contrary controlling authority.

2. Their adversary neglected to cite it.

3. They were under a duty to disclose it.

4. They did not do so.

Their goose is cooked on this one.