Wednesday, June 27, 2012

In Liberty Media v Tabora, defendant moves to dismiss 'negligence' claim, EFF files amicus brief

In Liberty Media Holdings v. Tabora, a bittorrent download case in Manhattan, the defendant has moved to dismiss the complaint on the grounds that no copyright registrations had been filed for the films in issue, and that plaintiff's third claim -- for 'negligence' -- is preempted by the Copyright Act.

The Electronic Frontier Foundation has filed an amicus curiae brief supporting dismissal of the 'negligence' claim on preemption grounds.

Defendant's Memorandum of Law in Support of Motion to Dismiss Complaint
Amicus Curiae Brief of Electronic Frontier Foundation in Support of Motion to Dismiss Negligence Claim on Preemption Grounds

Ray Beckerman, PC

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