Tuesday, April 15, 2008

RIAA "reconsideration" motion denied in Atlantic v. Brennan

Thanks to "Jadeic (Dave)" for bringing this to our attention.

In Atlantic v. Brennan, the Connecticut default judgment case in which District Judge Janet Bond Arterton denied the RIAA's application for default judgment and rejected the RIAA's "making available" theory, the Court has denied the RIAA's "reconsideration" motion, and gave the RIAA seven (7) days to file an amended complaint.

The information appears in the docket entry for the one-sided "status conference" the RIAA requested, which took place in New Haven, Connecticut, yesterday at 10:30 AM. The proceeding was by speakerphone in an open courtroom. There was only one public observer present. The defendant -- who has defaulted -- was not present, so the only speaker was the RIAA's lawyer, Richard L. Gabriel, who participated by telephone.

[Ed. note. I asked the one member of the public who was in attendance whether Mr. Gabriel brought London-Sire v. Doe or Elektra v. Barker to the Judge's attention. He indicated that he did not think he'd heard either of those case names mentioned, but believes he did hear the case name "Twombly". -R.B.]

A court reporter was present, which means a transcript can be purchased. The court reporter was "S. Montini".

The docket entry reads as follows:

Minute Entry. Proceedings held before Judge Janet Bond Arterton: denying, for the reasons set forth on the record 12 Motion for Reconsideration ; Motion Hearing held on 4/14/2008 re 12 MOTION for Reconsideration re 11 Order on Motion for Default Judgment MOTION for Reconsideration re 11 Order on Motion for Default Judgment MOTION for Reconsideration re 11 Order on Motion for Default Judgment filed by Atlantic Recording Corp., Sony BMG Music Entertainment, Elektra Entertainment Group Inc, Interscope Records, BMG Music ; ( Amended Pleadings due by 4/21/2008) Defendant's response due by 5/12/08.. and 27 minutes(Court Reporter S. Montini.)

April 14, 2008, Order Denying Motion for "Reconsideration"*

* Document published online at Internet Law & Regulation

Keywords: digital copyright law online internet 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 intellectual property

1 comment:

Anonymous said...

Finally a judge who appears willing to stand up to the RIAA and give them what they're entitled to under the law, while denying them that which the law does not provide for.

Now why do so many other judges seem to be having such trouble with this simple concept?