Monday, April 30, 2012

New scheduling order entered in Capitol v ReDigi

In Capitol Records v. ReDigi, a new scheduling order has been entered, providing for discovery to be concluded by June 20th, and for the summary judgment briefing to be conducted over the summer, and for oral argument of the summary judgment motion to take place on October 5th.

Amended Case Management Order

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Tuesday, April 24, 2012

Possible change of lawyers representing ReDigi in Capitol Records v ReDigi

In Capitol Records v. ReDigi, papers have been submitted requesting permission for a substitution of ReDigi's counsel.

ReDigi's present firm is Ray Beckerman, PC.

The proposed new firm would be Meister Seelig & Fein LLP.

The judge has requested a joint letter from Capitol Records' lawyers and the Meister Seelig firm indicating whether deadlines in the case management order would be affected by the proposed substitution.

Stipulation of Substitution
Statement pursuant to Local Rule 1.4
Order requesting joint statement from plaintiff's counsel and proposed incoming defendant's counsel

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Friday, April 20, 2012

UMG's summary judgment motion denied in James v UMG, digital download 'sale vs license' case

In James v. UMG Recordings, a royalty agreement class action which alleges that UMG understated royalties owed to performing artists for digital downloads by classifying them as sales, rather than licenses, UMG's motion for summary judgment has been denied.

April 19, 2012, Opinion denying Defendant's motion for summary judgment

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Wednesday, April 18, 2012

Ex parte motion for expedited discovery denied in Hard Drive v. Does 1-90

In Hard Drive v. Does 1-90, a mass John Doe case based on alleged BitTorrent downloads of a movie, pending in the Northern District of California, San Jose Division, the Court, by Hon. Howard R. Lloyd, Magistrate Judge, has denied plaintiff's ex parte motion for expedited discovery.

Judge Lloyd's decision held that

the court will not assist a plaintiff who seems to have no desire to actually litigate but instead seems to be using the courts to pursue an extrajudicial business plan against possible infringers (and innocent others caught up in the ISP net). Plaintiff seeks to enlist the aid of the court to obtain information through the litigation discovery process so that it can pursue a non-judicial remedy that focuses on extracting “settlement” payments from persons who may or may not be infringers. This the court is not willing to do.

Order Denying Expedited Discovery

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Monday, April 09, 2012

All defendants' dismissal motions denied in Grooveshark case, Arista v Escape Media

All of the defendants' dismissal motions were denied from the bench on April 6th, in Arista Music v. Escape Media:

Minute Entry for proceedings held before Judge Thomas P. Griesa: Oral Argument held on 4/6/2012. Defendants' three motions to dismiss are denied in open court. (cd)

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Thursday, April 05, 2012

Viacom v. YouTube reversed, remanded for trial

In Viacom v. YouTube, a 2-judge panel in the Second Circuit* reversed the District Court decision granting summary judgment to YouTube, and remanded for a trial of certain factual issues.

* Judge Miner, who was originally a member of the panel, passed away prior to the decision.

April 5, 2012, decision of US Court of Appeals for the 2nd Circuit

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Wednesday, April 04, 2012

Additional briefs filed by DOJ & Jammie Thomas-Rasset in 8th Circuit

In the 8th Circuit appeal of Capitol Records v. Thomas-Rasset, the Department of Justice and Jammie Thomas-Rasset have filed further briefs.

DOJ Appellee Brief
Thomas-Rasset Reply Brief

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