Tuesday, July 31, 2007

US Dept of Justice May Intervene in Atlantic v. Boggs to Help RIAA Defend Constitutionality of $750-per-song damages theory

In Atlantic v. Boggs, in Corpus Christi, Texas, where the defendant has interposed not just an affirmative defense challenging the constitutionality of the RIAA's $750-per-song file damages theory, but interposed a counterclaim to that effect as well, thus prompting the RIAA to move to dismiss the counterclaim, the United States Department of Justice has requested, and the Court has granted, an extension of time in which to consider intervening in the case to defend the theory.

The Department of Justice has been granted 60 days in which to intervene, if it so chooses.

The validity of the unconstitutionality argument was previously upheld by Judge David G. Trager in UMG v. Lindor where it had been interposed as a defense, rather than as a counterclaim.

Unopposed Motion for Extension of Time*
Order Granting Dept. of Justice 60 days to Intervene*

* Document published online at Internet Law & Regulation

Commentary & discussion:

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Keywords: digital copyright online law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs


Unknown said...

What might happen if the DOJ intervenes?

Melvin The Barbarian said...

They'll have to rename it to the DOI, the Department of INjustice.

sometimes I wonder what the hell I'm paying taxes for.