Thursday, July 31, 2008

Issue has been joined in Capitol v. VideoEgg

The defendant VideoEgg has filed its answer in Capitol v. VideoEgg, asserting affirmative defenses, including the Digital Millenium Copyright Act, Fair Use, Copyright Misuse, Waiver, Estoppel, and Unclean Hands.

Answer of Defendant VideoEgg

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


Alter_Fritz said...

It is a bit OFF topic,
but it seems a member of the RIAA, the well-known and respected record company Atlantic Records, has "egg on its face" at the moment.

Remember how those "devastated" RIAA members blame evil Pirates and BitTorrent for all the bad things those companies claim are happening to their "product"?

Well, aprox. a week ago this RIAA member Atlantic Records issued a press release(1) regarding a pre-release leak of a track of one of its artist.

(I'm quite sure that one will somehow also end up in those bulk of papers those well-known record company lawyers flood your courts with to effectively blur the issue that they have in most cases no case at all.)

This incient
-regarding Atlantic Records who is one of those frequent plaintiffs in those "Big corp vs. little citizen" cases and one of its artists-
caught the attention of the pro p2p technology website Torrentfreak.
Obviously the technology specialists there found it odd how again "the pirates and bittorrent" was blamed for this leak. As if pirates has supernatural powers to get hold of RIAA member products with their one hooked hands.(2)

So these citizen journalists did what mainstream press seems to have ceased doing long ago; they did go out to investigate this BitTorrent technology besmirching incident.
And as it turns out(3) the hunch they had that something is fishy with that incident was right.

Thanks to some IP-address evidence
(those thing that RIAAmember's lawyers regularily claim in front of judges about to be good enough to identify an infringer with certainty [that is of course NOT true!]), torrentfreak was able to show that the manager of the artists who work for Atlantic Records himself was the initial seeder of the copyrighted material of Atlantic Records!(3)

Of course it could have been the case that some evil pirate, sitting with his laptop in his car in front of Josh Klemme's home, hacked his way into the computer of Mr. Klemme and uploaded this pre release track he found on the managers computer.

But how believable does that defense sounds under those circumstances?
I alledge that if we would ask a RIAA lawyer they would claim the case is clear that Josh Klemme is an evil pirate.

So your honorable judges, please keep such incidents in mind when you get your next ex parte case regarding "Atlantic Records et al. vs citizen".

Those Plaintiffs have a record of "not telling the truth", of unclean hands and doing many of the things by themself they accuse the defendants of doing instead.

Thanks for your open minded watchfulness!


(1) Atlantic Records press release about their "product" leak

(2) Something stinks about this leak and Atlantic Records "complaint" regarding it

(3) It was the Manager Josh Klemme that infringed Atlantic Records copyright

Alter_Fritz said...

Oh, I see, Atlantic Records thinks its to embarrassing to have it this evidence of their unclean hands out there. It seems the Press release got obliterated, quick defense lawyers get your evidence screenshots from the google cache while it is still available