Tuesday, March 03, 2009

NC State student opposes RIAA motion to dismiss her counterclaims in SONY BMG Music Entertainment v. Moursy

In SONY BMG Music Entertainment v. Moursy, the North Carolina State student targeted by the RIAA has filed papers opposing the RIAA's motion to dismiss her counterclaims.

Defendant's memorandum of law in opposition to RIAA 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...

Very nicely written.

And if the RIAA persists in claiming that they had permission to access the computer in question then demand that they present this permission in writing from the computer owner specifically authorizing them to access this computer for this purpose.

And if the RIAA claims that they and their investigator did not know where the computer was located because all they had was an IP number initially, this is only true if they did not perform due diligence and intentionally avoided services which can pinpoint an IP address down to a state easily - and quite often to an exact zip code. To intentionally not avail oneself of such abilities is akin to saying I didn't realize I was robbing a bank because I had my eyes closed at the time.

Ask them also why, after they "discovered" that the computer they illegally accessed was in a state where they did not have the necessary license(s) to investigate, they pursued the case anyway.

{The Common Man Speaking}