Wednesday, July 19, 2006

Motion to Dismiss Complaint Denied in Warner v. Payne, in Waco, Texas

We have just learned of a motion to dismiss complaint made in Waco, Texas, in Warner Bros. Records v. Tyler Payne, and that the motion has been denied:

Order denying motion to dismiss complaint*

As in Interscope v. Duty, the Court indicated that

"the Court is not prepared at this stage of the proceedings to rule out the Plaintiffs' "making available" theory as a possible ground for imposing liability. A more detailed understanding of the Kazaa technology is necessary and Plaintiffs may yet bring forth evidence of actual uploading and downloading of files, rendering use of the "making available" theory unnecessary."
* Available online at Internet Law & Regulation

Keywords: digital copyright online download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs

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