Tuesday, December 12, 2006

Magistrate Denies Defendant's Preclusion Motion Regarding Extra Song Files in UMG v. Lindor

Magistrate Judge Levy denied Ms. Lindor's motion to preclude the RIAA from attempting to prove copyright infringement as to song files which it had not produced in discovery in UMG v. Lindor, holding that the testimony of MediaSentry's president Gary Millin was not binding on the RIAA and that there were 'factual issues':

December 12, 2006, Report and Recommendation Denying in Part and Granting in Part Defendant's Motion to Preclude*

Ms. Lindor's attorneys filed an objection to the Report, on the ground that it contained statements, not necessary to the Court's decision, which misconstrued the applicable law regarding "distribution" under the Copyright Act:

Defendant's Objection to Report and Recommendation*

* Document published online at Internet Law & Regulation

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