Wednesday, November 14, 2007

New Contested Case in Portland, Maine: Capitol v. Laude

There is a new contested case in Portland, Maine, Capitol v. Laude.


Defendant is represented by Robert Mittel, of the Mittel Asen law firm in Portland.

* Document published online at Internet Law & Regulation

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


Ryan said...

this is an interesting new approach used: 4. On information and belief, for many years plaintiffs have marketed aggressively and offered for sale songs which glorify theft and other criminal conduct. As a result of that conduct, plaintiffs are estopped, in whole or in part, from recovering damages from defendant for infringing their copyrights.
I of course have NO clue how strong a claim this is and so will be interesting to see the babble that the RIAA spews in their counter.

Anonymous said...

Ryan, that is absolutely hilarious! Congratulations on first post pointing out how the RIAA will now have to defend against this in court. Should be great to read their counter-arguments.

Alter_Fritz said...

The refusal to offer individual songs for
sale constitutes illegal conduct and copyright misuse.

IANAL, but I don't think so. But maybe defendant is lucky that the judge who has to decide if (s)he throws out the case is somehow pissed at those plaintiffs and therefore sympatic to those unusual arguments in the answer.
I wish her luck!