In Maverick v. Chowdhury, where the RIAA has indicated an intention of making a motion to dismiss counterclaims, Mr. Chowdhury's lawyers have brought to Judge Trager's attention the decision of Judge Brieant, in the Southern District, rejecting a virtually identical motion against virtually identical counterclaims:
May 23, 2007, Letter of Ray Beckerman to Judge Trager*
Exhibit to Letter -- May 23, 2007, Order of Judge Charles L. Brieant in Lava v. Amurao*
* Document published online at Internet Law & Regulation
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I would guess that one judge doesn't want to be in the position of telling another judge, "You're wrong!"
ReplyDeleteIt won't be the judge that'll make that claim. Expect the RIAA to trot out their new favorite:
ReplyDelete"we respectfully submit that this was wrongly decided"
look arteekay, RIAA has a new one!
ReplyDeleteIt wasn't wrongly decided, but "wrongly transcribed" according to Mr. Guida.
In Maverick v. Chowdhury, the RIAA claims that Judge Brieant's decision in Lava Amurao was incorrectly transcribed