Friday, August 01, 2008

HI5 moves to dismiss or change venue in Capitol v. VideoEgg

Defendant HI5 has moved to dismiss the complaint, or in the alternative to transfer venue, in Capitol v. VideoEgg.

Motion to dismiss
Memorandum of law
Yalamanchi affidavit
Terrell affirmation

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


Anonymous said...

It appears to this observer that these foreign Plaintiffs are making their best efforts not to try this case under the precedents or oversight of The Ninth Circuit Court of Appeals.

This case should be dismissed outright without prejudice and allow Plaintiffs to refile in the proper jurisdiction if they still wish to.

{The Common Man Speaking}

raybeckerman said...

Yes there is a common, but mistaken, belief that the Second Circuit is a haven for IP plaintiffs. And having little conscience, some lawyers will bring cases here that have nothing whatsoever to do with the Second Circuit, causing the defendants extreme inconvenience and hardship. I hope Judge Baer slams them hard.

Anonymous said...

It seems to me that there is a small district in East Texas that is renown for its jury friendliness towards IP plaintiffs - at least of the patent variety. Curiously, it's just about midway between New York and Northern California.


John said...

XxX -- Yeah, the Eastern District of Texas is considered a haven for Patent Litigation because the judges seem to be very friendly towards them. Most of them are patent trolls that are patenting software (which in my opinion, shouldn't even be worthy of patent protection, but that's a whole different debate right there.) and other mindless patents covering things like the Wii Remote.

But Patents are a very different thing from copyright, and I have no knowledge of "copyright trolls" going there.