Friday, November 17, 2006

Answer Filed in Arista v. Greubel in Texas; Defendant Says Plaintiffs' Receiving $115M From Kazaa Bars Duplicate Recovery from Defendant

In Arista v. Greubel in Texas, the defendant has interposed a number of affirmative defenses, including:

-A first affirmative defense which alleges that if defendant were liable, Kazaa would be jointly and severally liable along with him, and that the $115,000,000 settlement which the RIAA received from Kazaa constitutes recovery in full.
-A third affirmative defense that the $750-per-song damages theory is unconstitutional, and that recovery should be limited to 4 times the value of each download, or $2.80 each.

Answer of David Greubel*

Mr. Greubel is represented by Charles Lee Mudd, Jr., of Chicago, Illinois, and John G. Browning of Dallas, Texas.

* Document published online at Internet Law & Regulation

Commentary & discussion:
(English language)
Ars Technica
Tech and Science News Updates
(Other languages)
IT News World

Table of Cases


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

1 comment:

Alter_Fritz said...

"7. Although Defendant Greubel denies the factual and legal allegations in Plaintiffs’ Complaint, any recovery from Defendant Greubel for alleged copyright infringement arising from the use of KaZaA would be duplicative of the damages obtained from Sharman Networks." [$115,000,000]
"9. Through the settlement with Sharman Networks, the Plaintiffs have elected to accept a settlement that fully compensates them for the injuries allegedly caused by Defendant Greubel, among others."

sounds extremely logic to me, now we must see what the judge thinks...