Friday, February 27, 2009

RIAA named as defendant on counterclaim in SONY BMG Music v. Moursy in North Carolina

In a North Carolina case which has been going on for awhile, first as LaFace Records v. Does 1-38, then as SONY BMG Music v. Doe, but which I will now begin covering as SONY BMG Music v. Moursy, the RIAA and Safenet have been named as additional defendants on counterclaims, and the plaintiffs have moved to dismissed the counterclaims.

Amended Answer With Counterclaims
Plaintiffs' Memorandum of Law in Support of Motion to Dismiss Counterclaims

Commentary & discussion:
The Carolina Investigator

Keywords: lawyer 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 portable music player

1 comment:

Anonymous said...

“mere observation of the data” is the standard that the Department of Justice uses for computer intrusion in conjunction with 18 U.S.C. § 1030 (America Online, Inc. v. National Health Care Discount, Inc., 121 F. Supp. 2d 1255 (N.D. Iowa 2000). (The term “exceeds authorized access” is defined by the CFAA to mean “to access a computer with authorization and to use such access to obtain or alter information in the computer that the assessor is not entitled so to obtain or alter.” 18 U.S.C. § 1030(e)(6).) Re. USDOJ Cybercrime manual.

Same old story... It would be good to demand every and all documents, data and information that was gathered by the investigator, as well as a copy of the user agreement that the investigator had with the P2P program.