Wednesday, January 03, 2007

Voluntary Dismissal Case Last January in California, Warner v. Maravilla

We have recently learned of a dismissal in California last January, in Warner v. Maravilla, in the Central District of California. Mr. Maravilla made a motion to dismiss. The RIAA eventually discontinued the case, after having discovered that the ISP had named the wrong person.

Motion to dismiss complaint*
Defendant's Request for Judicial Notice*
Plaintiffs' Notice of Voluntary Dismissal*

Mr. Maravilla was represented by Joseph W. Singleton of Beverly Hills, California.

* Document published 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


Anonymous said...

I to, have worked in the music retail industry in Canada. I believe that under Canadian law, a wholesaler cannot offer a deal to one retailer that is not in some way also offered to all retailers. The result of this is that the wholesale pricing *is* known to everyone. All the volume discounts are also known. The playing field is leveled. Otherwise, it would be seen as unfair competition.

However, there are other deals which come along occasionally, seasonal promotions etc. While the actual price may not be the same, a deal of equivalent value must be offered. These different deals are in the form of free goods, lower pricing, or advertising dollars.

So while the exact invoice price may not be known from retailer to retailer, it is not hard to make an educated guess based on the volume of business that retailer does.

I find it hard to believe that online retailers would not be watching like hawks for any evidence that someone got a deal they were not getting.

There is a wholesale price, and it is known.


Anonymous said...

YIKES! This was meant to comment on UMG vs. Lindor! Sorry!


Alter_Fritz said...

then log in , and press the trash bin that you see in the bottom right corner of the posts to delete them here and post you comment where it should be!

(i will do the same with my post once your s are gone) ;-)