February 2007 Pre-Motion Conference Set for Warner v. Cassin Dismissal Motion

Judge Robinson has fixed February 2, 2007, as the date of the pre-motion conference for the contemplated dismissal motion in Warner v. Cassin.

November 20, 2006, Order, Scheduling Pre-Motion Conference for February 2, 2007*

Copies of the parties' pre-motion correspondence are as follows:

June 2, 2006, Letter of attorneys for defendant*
June 8, 2006, Letter of attorneys for plaintiffs*
June 9, 2006, Letter of attorneys for defendant*

It should be noted that the litigation landscape has changed somewhat since those letters were written. It is still true that the motion in Elektra v. Barker, the only dismissal motion of which we are aware in the Southern District other than Elektra v. Santangelo, is still pending; but by now there have been a total of five other decisions denying motions to dismiss, one in Brooklyn, one in Arizona, and three in Texas. However, none of the five decisions held that merely 'making available' is a copyright infringement; all deferred ruling on that issue until a later stage of the case.

The Barker case, in which several amicus curiae briefs, and a 'statement of interest' by the Justice Department, have been submitted, is pending before Judge Kenneth Karas, in Manhattan.

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* Document published online at Internet Law & Regulation