In Capitol Records v. Thomas-Rasset, the RIAA's motion to preclude defendant from objecting to copyright registrations was denied.
Judge Michael J. Davis held as follows:
The Court’s Order granting a new trial in this matter granted an entirely new trial on all issues. The fact that Defendant did not object to Plaintiffs’ evidence of registration in the First Trial does not preclude Defendant from putting Plaintiffs to their burden of proof on this issue in the retrial.Judge Davis rejected the RIAA's argument that the Court could take "judicial notice" of the registrations:
Defendant vigorously challenges the authenticity of the registrations and Plaintiffs’ ownership and registration of the copyrights at issue, so judicial notice is inappropriate. See Fed. R. Evid. 201(b) (“A judicially noticed fact must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.”); Int’l Star Class Yacht Racing Ass’n v. Tommy Hilfiger U.S.A., Inc., 146 F.3d 66, 70 (2d Cir. 1998) (“Because the effect of judicial notice is to deprive a party of the opportunity to use rebuttal evidence, cross‐examination, and argument to attack contrary evidence, caution must be used in determining that a fact is beyond controversy under Rule 201(b).”) (citations omitted).
June 8, 2009, Order Denying Plaintiffs' Motion to Preclude Defendant from Making Objections
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