Tuesday, July 03, 2007

Ms. Crain Counterclaims against RIAA for Using Unlicensed Investigators in SONY v. Crain in Beaumont Texas

In SONY v. Crain, the Beaumont, Texas, case against a grandmother who was displaced by Hurricane Rita and who has never engaged in filesharing, Ms. Crain has sought to amend her answer to include counterclaims against the record companies for their use of unlicensed investigators at MediaSentry:

Motion to Amend Counterclaims*

Related stories:
Elderly Survivor of Hurricane Rita Sued by RIAA in East Texas; Represented by Lone Star Legal Aid
In SONY v. Crain, East Texas case against Elderly Hurricane Rita Survivor, RIAA Tries to Dismiss Non-Infringement Counterclaim

* Document published online at Internet Law & Regulation

Commentary & discussion:

intern.de (German)
Ars Technica
The Inquirer
Information Week
P2P Unite

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


AMD FanBoi said...

Someone should point out that if Plaintiffs are willing to settle for approximately $4,500 as full compensation for their damages, then they have no business suing for more, and that to have done so is a gross lie that should prejudice their case in a most unfavorable manner.

But why bother with counterclaims now that the RIAA can just covenant their way out of them at any moment they choose?

raybeckerman said...

1. Settlement offers are not admissible in evidence.

2. They can't "covenant" their way out of them.... the Warner v. Stubbs ruling related only to a counterclaim for declaratory judgment of non-infringement. (PS I think the Warner v. Stubbs ruling was incorrect). It did not relate to totally independent counterclaims.