Wednesday, February 01, 2012

Google seeks leave to submit amicus curiae brief in Capitol v ReDigi

In Capitol Records v. ReDigi, Google has requested permission to submit an amicus curiae brief explaining its position as to why Capitol's preliminary injunction motion should be denied.

Earlier, Capitol had filed its preliminary injunction reply papers.

February 1, 2012, letter of Fenwick West to Court re Google amicus curiae brief
McMullan Reply Declaration
Piibe Reply Declaration
Plaintiff's reply memorandum of law

Commentary & discussion:

Hollywood Reporter
Business Insider
Information Week

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Anonymous said...

Well, at least I guess one can say thank you to Mr. Piibe for his 6th para:

That they don't accept the idea of a "second hand (digital) marketplace" that would operate without compensation to them for the resold recordings.

better proof that it is simply the recording industries their own greed one could not get then from this EMI Vice President is my humble opinion.

This confession of this record company VP makes me wonder if his mindset is that he would like to forbid the second hand marketplace of compact disks (physical opjects a copyrightowner has no say so into according to your laws) if he could do that since they don't get there any compensation too.

Or if he would like to sue PayPal if he could for copyrightinfringement if lets say I privately sell Mr. Beckerman some of my old used but prestine Emi CDs (those that are real red book standard ones and not the non standard crap that EMI sold for a few years) with german/jiddisch stuff on it and let Mr. B. pay me via PayPal? ;-)


Anonymous said...

You'd better believe that if they can make a dent in the First Sale doctrine, they will. If they can muddy the waters with a ruling against secondhand digital, what will stand in the way of them knocking again at the door of secondhand physical? Is eBay paying any attention?