Thursday, October 25, 2012

Doe 1 moves to dismiss for failure to state a claim in Malibu Media v Does 1-11


In a Westchester case, Malibu Media v Does 1-11, Doe 1 has moved to dismiss for failure to state a claim, and to quash the subpoena served on the ISP.

The Court had previously severed the case as to all John Does other than Doe 1.

Memorandum of Law in support of Doe 1 motion to dismiss for failure to state a claim, and to quash subpoena

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Ray Beckerman, PC

Wednesday, October 17, 2012

Tuesday, October 16, 2012

Combat Zone ordered to show cause why Does should not be severed in Combat Zone v Does 1-84


In Combat Zone v. Does 1-84, a Boston, Massachusetts, case, Magistrate Judge Jennifer C. Boal has ordered plaintiff to show cause why Does 2-84 should not be severed.

October 15, 2012, Order to Show Cause, Hon. Jennifer C. Boal, Magistrate Judge

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Ray Beckerman, PC

Monday, October 15, 2012

"Code v. Code" event, NYC Oct 17, 7 PM

Kallos for Council presents





Code v. Code Discussion Series: 
Laws that Hurt Us and Where They Come From
7PM to 9PM, Wednesday, October 17, 2012
Hive at 55, 55 Broad Street, 13th Floor, NY, NY
Featuring: 
Ray Beckerman, Attorney and Author opposing RIAA's slap suits for peer to peer file sharing of music.
Aram Sinnreich, Professor at Rutgers and Author of Piracy Crusade 
(available under Creative Commons at http://PiracyCrusade.com)
Event Fee(s) *








Signup:
 https://kallosforcouncil.com/civicrm/event/register?reset=1&id=27





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Ray Beckerman, PC

Friday, October 12, 2012

Court severs & dismisses in New Sensations v Does 1-201

In a Massachusetts case, New Sensations v. Does 1-201, the Court, in an electronic order, has sua sponte severed and dismissed as to Does 2-201:

Judge Richard G. Stearns: ELECTRONIC ORDER severing all defendants but Doe 1 entered. Beneath the cloud of rhetoric, New Sensations, Inc., raises nothing in its Response beyond conjecture to suggest that these defendants are appropriately joined together. The court accepts counsel's representation of good faith in attempting to litigate these cases. However, under the civil rules, in fairness to all involved, including the court, these cases should be litigated and defended in separate causes of action. Therefore, the court will dismiss without prejudice defendants 2 - 201. (Zierk, Marsha) (Entered: 10/10/2012)


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Ray Beckerman, PC

Doe 5 moves to quash & sever in Malibu Media v Does 1-13, Long Island case


In Malibu Media v. Does 1-13, a Long Island case, Doe #5 has moved to sever and to quash.

Doe #5's motion to quash

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Ray Beckerman, PC

Saturday, October 06, 2012

Online Media Daily: "ReDigi, Capitol Clash In Court About 'Used' Tracks"

From Online Media Daily:



ReDigi, Capitol Clash In Court About 'Used' Tracks
By Wendy Davis

ReDigi, a start-up that offers people a way to sell "used" iTunes tracks, asked a federal judge in New York to throw out a copyright lawsuit brought against it by Capitol Records. ReDigi lawyer Gary Adelman told U.S. District Court Judge Richard Sullivan at a Friday morning hearing that the company's technology enables consumers to resell digital tracks, the same way they can resell CDs or vinyl records. Adelman argued that consumers have a "first sale" right to resell products that they legally purchased. But Capitol countered that consumers aren't selling the same works that they purchased, but copies that they upload to the cloud. "First sale does not apply if there's been a reproduction," Capitol's lawyer, Jonathan Mandel, told Sullivan.
Complete article

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Ray Beckerman, PC

Friday, October 05, 2012

Motions to sever & dismiss granted in Westchester cases, Malibu Media v Does 1-10


In a group of Westchester cases, including Malibu Media v. Does 1-10, back in August, District Judge Edgardo Ramos severed and dismissed all cases against John Does other than Does numbered 1.

Order granting discovery, severing, and dismissing, Hon. Edgardo Ramos, August 21, 2012

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Ray Beckerman, PC

Thursday, October 04, 2012

Plaintiff ordered to show cause why subpoenas should not be quashed in Combat Zone v Does 1-84


In a Massachusetts case, Combat Zone v. Does 1-84, Magistrate Judge Jennifer C. Boal has ordered the plaintiff to show cause why its subpoenas should not be quashed, on the ground that the subpoenas contained a notice which suggested that the recipients -- the owners of the IP access accounts -- had themselves been sued.

October 4, 2012, Order to Show Cause

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Ray Beckerman, PC

Wednesday, October 03, 2012

Motion to sever & dismiss granted in Third Degree Films v. Does 1-47


In a Massachusetts case, Third Degree Films v. Does 1-47, the Court has departed from its earlier authority, and granted a motion to sever and dismiss. The Court's 26-page opinion concludes that joinder is permissible, but that the Court should not exercise its discretion in favor of joinder.

October 2, 2012, Memorandum and Order, Hon. William G. Young, US District Judge

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Ray Beckerman, PC