Friday, April 30, 2010

Orders denying motion to quash affirmed in SUNY Albany case, Arista v Does 1-16

In the case targeting students at the State University of New York in Albany, Arista Records v. Does 1-16, the US Court of Appeals for the Second Circuit has affirmed the orders of the lower court denying a motion to quash.

The appeals court held that the order was appealable, but rejected John Doe #3's arguments that :

-the district court was without authority to refer the motion to the Magistrate Judge;
-the complaint failed to state a claim for copyright infringement;
-the "fair use" defense barred plaintiffs' case; and
-the papers submitted in support of the RIAA's ex parte motion were too vague.

April 29, 2010, decision of US Court of Appeals, Second Circuit

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