Wednesday, November 29, 2006

Oral Argument Date of January 26th Set by Judge Karas for Dismissal Motion in Elektra v. Barker

Judge Kenneth M. Karas has set Friday, January 26, 2007, at 2:15 P.M., as the oral argument date for Ms. Barker's motion to dismiss complaint, in Elektra v. Barker, pending in federal court in Manhattan.

November 28, 2006, Order of Hon. Kenneth M. Karas*

The argument will take place at the newer federal court house, located at 500 Pearl Street, New York, New York, in courtroom 21D on the 21st Floor. Proceedings are open to the public.

This is the case in which amicus briefs were filed by the Motion Picture Association of America (MPAA), the Electronic Frontier Foundation (EFF), the U.S. Internet Industry Association (USIIA), and the Computer & Communications Industry Association (CCIA), and a Statement of Interest was filed by the U.S. Department of Justice (USDJ).

Defendant Tenise Barker moved to dismiss the complaint on the ground that neither downloading nor uploading had been alleged sufficiently to give her notice of what she was being accused of, and on the further ground that merely "making available for distribution" was not a copyright infringement at all. The RIAA and MPAA argued that merely "making available" was indeed a copyright infringement. Defendant, CCIA, and USIIA argued that it was not.

EFF argued that intangible computer network transmissions cannot be "distributions" within the meaning of the Copyright Act. USDJ argued that they can be.

The applicable legal documents are as follows:

Exhibit A*
Exhibit B, part 1*
Exhibit B, part 2*
Memorandum of Law in Support of Motion to Dismiss Complaint*
Opposition to Motion to Dismiss Complaint*
Defendant's Reply Memorandum of Law in Support of Motion to Dismiss Complaint*
February 15, 2006, letter of Fred von Lohmann of Electronic Frontier Foundation, requesting permission to serve amicus curiae brief in support of Ms. Barker's dismissal motion*
Amicus Curiae Brief of Electronic Frontier Foundation in Support of Dismissal Motion*
(Alternate link)
Amicus Curiae Brief of Computer & Communications Industry Association and U. S. Internet Industry Association*
Defendant's Memorandum of Law Commenting on Amicus Briefs*
MPAA Amicus brief*
April 4, 2006, letter of Assistant U. S. Attorney Rebecca C. Martin*
"Statement of Interest" of United States Department of Justice*
Memorandum of Law of Defendant Tenise Barker in Response to Statement of Interest of United States of America*

* Document published online at Internet Law & Regulation

Commentary & discussion:



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Alter_Fritz said...

Hi Ray, "Stickler" here! ;-)
you might want to update this one in your how litigation works thingy;

Briefing has now been completed, and the parties are awaiting either a decision from Judge Karas, or the setting of an oral argument date if the judge feels that oral argument is needed.

No need to thank me, your welcome! :-P

raybeckerman said...

Thanks, alter!